Reynolds v. Petrucci
- Louis Stanton
- 1:20-cv-03523
- U.S. District Court · Southern District of New York
- 2
In Reynolds v. Petrucci, Judge McMahon ordered Brian Reynolds to pay the filing fee or submit an application to proceed without prepayment.
Brian Reynolds, who had to pay the filing fee or submit the required application within 30 days for the case to continue processing; the respondents were not required to answer at that time.
What happened
In Reynolds v. Petrucci, Brian Reynolds filed a petition asking for federal habeas review without paying the required $5 filing fee or submitting the required application to proceed without prepayment of fees. He was representing himself.
The court gave Reynolds 30 days to pay the fee or submit a signed application. The court said that if he submitted the application and it was approved, he could proceed without paying the fee in advance.
The court also said no response from the respondents was required yet and that the case would be processed if Reynolds complied. If he did not comply on time, the action would be dismissed. Judge Colleen McMahon denied permission to appeal without prepaying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Reynolds v. Petrucci · No. 1:20-cv-03523
- Louis Stanton
- May 7, 2020
Background
Brian Reynolds, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion says he submitted the petition without the required $5 filing fee or an application asking to proceed without prepaying fees. Reynolds provided an inmate statement and asserted that prison officials declined to give him an application.
Order
The court directed Reynolds, within 30 days, either to pay the $5 filing fee or complete and submit the attached application. The application was to identify docket number 20-CV-3523 (CM). If the court granted the application, Reynolds would be allowed to proceed without prepaying fees.
The court directed the Clerk of Court to mail Reynolds a copy of the order and record service on the docket. It stated that no answer from the respondents was required at that time. If Reynolds 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.
Appeal-fee ruling
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the substance of Reynolds's habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.