Murphy v. Warden

Background

Donelle Murphy, proceeding without a lawyer, filed a petition seeking habeas relief. The court found that the submission did not comply with Federal Rule of Civil Procedure 11(a) because it lacked Murphy’s personal signature. The court noted that Murphy apparently did not include the final page of the petition form, where the signature was required.

Murphy also submitted the petition without the $5 filing fee and without an application to proceed without prepaying fees. The court explained that a petitioner must either pay the filing fee or submit a completed and signed application requesting permission to proceed without prepayment.

Order

The court ordered Murphy, within 30 days of May 18, 2020, to submit the petition’s signature page with an original signature. He also had to either pay the $5 filing fee or complete, sign, and submit the attached application to proceed without prepaying fees. The documents were to identify docket number 20-CV-3770 (CM).

The court stated that, if it granted the application, Murphy could proceed without prepaying fees. It directed the Clerk of Court to mail the order to Murphy and record service on the docket. No answer from the warden was required at that time. If Murphy complied, the case would be processed under the Clerk’s Office procedures; if he failed to comply within the deadline, the action would be dismissed.

Disposition and significance

Chief Judge Colleen McMahon issued a procedural compliance order. The order did not decide whether Murphy was entitled to habeas relief or address the merits of his petition. The court also 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.