Luna v. Miller
- Colleen McMahon
- 1:20-cv-04193
- U.S. District Court · Southern District of New York
- 2
In Luna v. Miller, Judge McMahon ordered Edward Luna to pay the filing fee or submit a fee-waiver application within 30 days.
Edward Luna, the petitioner proceeding without a lawyer, was required to pay the $5 filing fee or submit a signed fee-waiver application within 30 days in Luna v. Miller.
What happened
In Luna v. Miller, Edward Luna filed a petition asking for habeas relief, meaning court review of his detention or custody, without a lawyer. He did not pay the required filing fee or submit an application to waive the fee.
The court ordered Luna to pay the $5 filing fee or submit a signed application to proceed without paying the fee upfront within 30 days. The clerk was directed to mail him the order, and the respondent was not required to answer yet.
Judge Colleen McMahon said the case would proceed under the clerk’s procedures if Luna complied. If he did not comply within 30 days, the action would be dismissed. She also denied permission to appeal without paying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Luna v. Miller · No. 1:20-cv-04193
- Colleen McMahon
- June 2, 2020
Background
Edward Luna, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not describe the underlying basis for the petition or the substance of Luna’s claims.
Fee requirement
The court explained that a person filing a habeas petition must either pay the $5 filing fee or submit a signed application to proceed in forma pauperis, meaning without paying court fees in advance. Luna submitted neither the fee nor the application.
The court ordered Luna, within 30 days of the order, to pay the $5 filing fee or complete and submit the attached fee-waiver application. If he submitted the application, it had to include docket number 20-CV-4193 (CM). The court stated that, if it granted the application, Luna could proceed without paying the fee in advance.
Order and effect
The clerk was directed to mail Luna a copy of the order and record service on the docket. The court stated that no response from Christopher Miller was required at that time. If Luna complied, the case would be processed under the clerk’s procedures; if he failed to comply within the allowed period, the action would be dismissed.
Appeal-fee ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and denied permission to appeal without paying fees. Judge COLLEEN McMAHON did not decide the merits of Luna’s habeas petition in this order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.