Quinones v. Lee
- Vincent Briccetti
- 7:20-cv-04621
- U.S. District Court · Southern District of New York
- 2
In Quinones v. Lee, Judge McMahon ordered Ricardo Quinones to pay the filing fee or submit an IFP application within 30 days.
Ricardo Quinones, who must pay the filing fee or submit a signed application to proceed without prepaying fees within 30 days to avoid dismissal of the action.
What happened
In Quinones v. Lee, Ricardo Quinones filed a habeas petition without paying the required $5 filing fee or submitting an application to proceed without prepaying fees.
The court ordered Quinones, within 30 days, either to pay the fee or submit a signed application to proceed without prepayment. The court said no response from William Lee was required at that time and warned that the action would be dismissed if Quinones did not comply. The court also denied permission to appeal without prepaying fees.
Judge Colleen McMahon issued the order. The order addressed filing requirements and did not decide the habeas petition's underlying claims.
The detailed version
- Quinones v. Lee · No. 7:20-cv-04621
- Vincent Briccetti
- July 2, 2020
Background
Ricardo Quinones, representing himself, filed a petition for a writ of habeas corpus. He did not submit the $5 filing fee or an application to proceed without prepaying fees.
Order
The court ordered Quinones to do one of the following within 30 days of the order:
- pay the $5 filing fee; or - complete and submit a signed application to proceed without prepayment of fees.
The court explained that if it granted the application, Quinones could proceed without prepaying the filing fee. The application was to identify docket number 20-CV-4621 (CM). The Clerk of Court was directed to mail the order to Quinones and record service on the docket.
The court stated that William Lee did not have to answer at that time. It further stated that if Quinones complied, the case would be processed under the Clerk's Office procedures, but if he failed to comply within the allowed time, the action would be dismissed.
Appeal
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.
Disposition and scope
This was an administrative filing-fee order. It did not decide the substance of Quinones's habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.