Hicks v. The People of The State of New York
- Colleen McMahon
- 1:20-cv-01486
- U.S. District Court · Southern District of New York
- 1
In Hicks v. The People of The State of New York, Judge McMahon denied Hicks’s petition without prejudice because he neither paid the fee nor requested a fee waiver.
Jamal Hicks, whose petition was denied without prejudice for failing to pay the filing fee or submit an application to proceed without paying it; any appeal would also lack a certificate of appealability and permission to proceed without court fees.
What happened
In Hicks v. The People of The State of New York, the court had ordered Jamal Hicks to submit a completed request to proceed without paying the filing fee or to pay the $5 filing fee within 30 days.
Hicks did neither. The court therefore denied his petition without prejudice, meaning the order did not bar him from filing again.
Judge Colleen McMahon also ruled that no certificate needed to appeal would issue and denied permission to appeal without paying court fees.
The detailed version
- Hicks v. The People of The State of New York · No. 1:20-cv-01486
- Colleen McMahon
- Apr. 27, 2020
Background
Jamal Hicks filed a petition for a writ of habeas corpus. On February 24, 2020, the court ordered him, within 30 days, either to submit a completed application to proceed without paying the filing fee or to pay the $5 filing fee. The order warned that failing to do so would result in denial of the petition.
Ruling
Hicks did not submit the application or pay the fee. The court therefore denied the petition without prejudice under 28 U.S.C. §§ 1914 and 1915. The order did not decide the petition’s underlying claims.
The court also ruled that a certificate of appealability would not issue because the petition made no substantial showing that a constitutional right had been denied. In addition, it certified that an appeal would not be taken in good faith and denied permission to appeal without paying court fees. The Clerk was directed to mail Hicks a copy of the order and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.