Griffin v. Superintendent of the Manhattan Detention Complex
- Colleen McMahon
- 1:20-cv-03075
- U.S. District Court · Southern District of New York
- 2
Griffen v. Superintendent of the Manhattan Detention Complex requires a filing fee or IFP application, says Judge McMahon.
Jeremiah J. Griffen, who was required to pay the $5 filing fee or submit an application to proceed without prepaying fees within 30 days; the action could be dismissed if he did not comply.
What happened
In Griffen v. Superintendent of the Manhattan Detention Complex, Jeremiah J. Griffen filed a habeas petition without paying the filing fee or submitting an application to proceed without prepaying fees.
The court ordered Griffen, within 30 days, to pay the $5 filing fee or submit a signed application to proceed without prepaying fees. The order says no summons would issue at that time.
Judge Colleen McMahon directed the Clerk of Court to mail the order to Griffen and stated that the case would be processed if he complied; otherwise, the action would be dismissed. The court also denied permission to appeal without prepaying fees.
The detailed version
- Griffin v. Superintendent of the Manhattan Detention Complex · No. 1:20-cv-03075
- Colleen McMahon
- May 5, 2020
Background
Jeremiah J. Griffen, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion states that a person filing such a petition in this court must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees. Griffen submitted the petition without either the fee or the application.
Order
The court ordered Griffen to do one of the following within 30 days of the order: pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. If the application were granted, he would be allowed to proceed without prepaying fees. The application was to identify docket number 20-CV-3075 (CM).
The court directed the Clerk of Court to mail the order to Griffen and note service on the docket. It stated that no summons would issue at that time. If Griffen complied, the case would be processed under the Clerk's Office procedures; if he failed to comply within the allowed time, the action would be dismissed. The court also certified that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
Classification and significance
This was an administrative filing-fee and fee-waiver order. It did not decide the substance of Griffen's habeas petition. Judge Colleen McMahon entered the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.