Babyrev v. Sullivan
- Louis Stanton
- 1:20-cv-03432
- U.S. District Court · Southern District of New York
- 2
In Babyrev v. Sullivan, Judge McMahon ordered payment or an application to waive the fee, warning that noncompliance would result in denial of the petition.
Vadim Babyrev and Wilbur Tyson were required to address the filing fee or fee-waiver application; the respondents were not required to answer at that time.
What happened
In Babyrev v. Sullivan, Vadim Babyrev, representing himself, filed a petition for a writ of habeas corpus on behalf of Wilbur Tyson without paying the required filing fee or submitting an application to proceed without prepaying fees.
The court gave Babyrev 30 days to pay the $5 filing fee or submit a signed application to proceed without prepaying it. The court said no response from the respondents was required yet and warned that the petition would be denied if Babyrev did not comply.
Judge Colleen McMahon also ruled that an appeal from the order would not be taken in good faith, denied fee-waiver status for an appeal, and stated that no certificate allowing an appeal would issue.
The detailed version
- Babyrev v. Sullivan · No. 1:20-cv-03432
- Louis Stanton
- May 4, 2020
Background
Vadim Babyrev, proceeding without a lawyer, filed a petition for a writ of habeas corpus on behalf of Wilbur Tyson. The respondents are Ann Marie T. Sullivan, Commissioner of the Office of Mental Health of the State of New York, and Dr. Brian Belfi, Executive Director of the Kirby Forensic Psychiatric Center. The petition was submitted without the required $5 filing fee and without an application to proceed without prepaying fees.
Order
The court directed Babyrev, within 30 days of the order, either to pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. The court explained that, if it granted the application, Babyrev could proceed without prepaying the filing fee. The application was to identify docket number 1:20-CV-3432 (CM).
The Clerk of Court was directed to mail the order to Babyrev and Tyson and record service on the docket. The court stated that no answer from the respondents was required at that time. If Babyrev complied, the case would be processed under the Clerk's Office procedures; if he failed to comply within the allowed time, the petition would be denied.
Appeal and disposition
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees for that purpose. The court also stated that a certificate of appealability would not issue. The order was signed by Chief United States District Judge Colleen McMahon.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.