Paulino v. Royce
- Colleen McMahon
- 1:20-cv-05067
- U.S. District Court · Southern District of New York
- 2
In Paulino v. Royce, Chief Judge McMahon ordered the petitioner to pay the fee or request permission to proceed without prepayment.
Jovanny Paulino, the self-represented petitioner, must either pay the filing fee or submit a signed application to proceed without prepaying fees within 30 days; otherwise, the action will be dismissed.
What happened
Paulino v. Royce is a habeas petition filed by Jovanny Paulino, who was representing himself. He submitted the petition without paying the filing fee or including an application to proceed without paying fees upfront.
The court gave Paulino 30 days to pay the $5 filing fee or submit a signed application requesting permission to proceed without prepayment. The application had to include the case number. No summons would be issued at that time.
Chief Judge Colleen McMahon ordered the Clerk's Office to mail the order to Paulino and record service. If Paulino did not comply within 30 days, the action would be dismissed. The court also denied permission to appeal without prepaying fees.
The detailed version
- Paulino v. Royce · No. 1:20-cv-05067
- Colleen McMahon
- July 7, 2020
Background
Jovanny Paulino, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion states that he submitted the petition without the required $5 filing fee and without an application to proceed without prepaying fees.
Order
The court directed Paulino, within 30 days of the order, to do one of two things: pay the $5 filing fee or submit a signed application requesting permission to proceed without prepaying fees. If he submitted the application, it was to be labeled with docket number 20-CV-5067 (CM). The court explained that approval of the application would allow him to proceed without prepaying the fee.
The Clerk of Court was directed to mail the order to Paulino and note service on the docket. No summons was to issue at that time. The court stated that the case would be processed under the Clerk's Office procedures if Paulino complied, but that the action would be dismissed if he failed to comply within the allowed time.
Appeal and disposition
Chief Judge Colleen McMahon certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. This order addressed filing-fee and fee-waiver requirements; it did not decide the merits of Paulino's habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.