Bates v. New York Parole
- Colleen McMahon
- 1:20-cv-03986
- U.S. District Court · Southern District of New York
- 2
In Bates v. New York Parole, Judge McMahon ordered payment of the filing fee or an application to proceed without prepaying it.
Richard Lee Bates Jr. was required to pay the $5 filing fee or submit an application to proceed without prepaying fees; New York Parole and the other respondents were not required to answer at that time.
What happened
In Bates v. New York Parole, Richard Lee Bates Jr. filed a petition asking for habeas relief but did not pay the required $5 filing fee or submit an application to proceed without prepaying fees.
The court gave Bates 30 days to pay the fee or submit a signed application to proceed without prepaying it. No response from New York Parole was required yet, and the case would be processed if Bates complied; otherwise, the action would be dismissed.
Judge Colleen McMahon also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Bates v. New York Parole · No. 1:20-cv-03986
- Colleen McMahon
- May 27, 2020
Background
Richard Lee Bates Jr., proceeding without a lawyer, filed a petition for a writ of habeas corpus against New York Parole and others. The opinion does not decide the substance of that petition. Bates submitted neither the required $5 filing fee nor an application to proceed without prepaying court fees.
Order
The court directed Bates, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. The application had to identify docket number 20-CV-3986 (CM). If the court granted the application, Bates could proceed without prepaying the filing fee.
The court directed the Clerk of Court to mail the order to Bates and record service on the docket. No answer from the respondents was required at that time. If Bates complied, the case would be processed under the Clerk's Office procedures. If he did not comply within the permitted time, the action would be dismissed.
Appeal and disposition
Judge Colleen McMahon 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 addressed filing requirements and did not reach the merits of the habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.