Elleby v. The United States
- Paul Engelmayer
- 1:20-cv-02935
- U.S. District Court · Southern District of New York
- 4
In Elleby v. United States, Judge Engelmayer ordered payment of the filing fee or an application to proceed without prepaying fees.
Taye L. Elleby, who must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within two weeks of the order.
What happened
Taye L. Elleby filed a petition for a writ of habeas corpus against the United States and the State of New York, but did not pay the required $5 filing fee or submit an application to proceed without prepaying fees.
The court gave Elleby two weeks from April 20, 2020, to pay the fee or submit a signed application. If the court approves the application, Elleby may proceed without paying the fee in advance.
Judge Paul A. Engelmayer ordered the clerk’s office to send the application to Elleby and said no response was required yet. The court stated that it would dismiss the action if Elleby did not comply, and denied permission to appeal without prepaying fees.
The detailed version
- Elleby v. The United States · No. 1:20-cv-02935
- Paul Engelmayer
- Apr. 20, 2020
Background
Taye L. Elleby, representing themself without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not address the substance of that petition. The court stated that a habeas petitioner must either pay the $5 filing fee or request permission to proceed without paying fees in advance by submitting a signed application.
Order
Elleby submitted the petition without the filing fee and without an application to proceed without prepaying fees. The court ordered Elleby, within two weeks of April 20, 2020, to either pay the $5 fee or complete and submit the attached application. The application was to identify docket number 20-CV-2935 (PAE). If the court grants the application, Elleby may proceed without prepaying the fee.
The court directed its chambers to mail the order and application to Elleby and record service on the docket. It stated that no answer was required at that time and that the case would be processed under the clerk’s office procedures if Elleby complied. If Elleby did not comply within the allowed period, the court stated that it would dismiss the action. The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
Disposition and Classification
Judge Paul A. Engelmayer did not decide the habeas petition’s merits. This was a procedural order requiring payment of the filing fee or submission of an application to proceed without prepaying fees. The order states that the action would be dismissed if Elleby failed to comply; it does not specify whether such a dismissal would be with or without prejudice.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.