McCray v. Superintendent
- Colleen McMahon
- 1:20-cv-03994
- U.S. District Court · Southern District of New York
- 2
In McCray v. Superintendent, Chief Judge McMahon ordered payment or an application to proceed without prepaying the filing fee.
Robert L. McCray was required to pay the filing fee or submit an application to proceed without prepaying fees; the Superintendent was not required to answer at that time.
What happened
McCray v. Superintendent concerns Robert L. McCray’s petition for court review of his detention. He filed the petition without paying the $5 filing fee or submitting an application to proceed without prepaying fees, and he was representing himself.
The court ordered McCray, within 30 days, to either pay the $5 fee or submit a signed application to proceed without prepaying fees. The court said no response from the superintendent was required at that time and warned that the petition would be denied if McCray did not comply.
Chief Judge McMahon directed the Clerk of Court to mail the order to McCray and denied permission to appeal without prepaying fees, finding that any appeal would not be taken in good faith.
The detailed version
- McCray v. Superintendent · No. 1:20-cv-03994
- Colleen McMahon
- June 5, 2020
Background
Robert L. McCray, proceeding without a lawyer, filed a petition for a writ of habeas corpus against the Superintendent of the Green Haven Correctional Facility. The opinion does not address the substance of McCray’s habeas claims.
A petitioner must pay the $5 filing fee or request permission to proceed in forma pauperis, meaning without prepaying court fees. McCray submitted neither the fee nor a signed application.
Order
The court ordered McCray to pay the $5 filing fee or complete and submit the attached application within 30 days of June 5, 2020. If the court grants the application, McCray may proceed without prepaying the fee. The application was to include docket number 1:20-CV-3994 (CM).
The court stated that no answer from the respondent was required at that time. If McCray complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the permitted time, the petition would be denied.
Other 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. Chief Judge Colleen McMahon also directed the Clerk of Court to mail the order to McCray and record service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.