Murphy v. Warden
- Colleen McMahon
- 1:20-cv-03770
- U.S. District Court · Southern District of New York
- 2
Judge McMahon dismissed Murphy v. Warden without prejudice because Murphy neither paid the filing fee nor submitted an application to proceed without paying it.
The ruling affects Donelle Murphy's petition in this case; it does not affect his separate petition in the earlier related proceeding identified by the court.
What happened
In Murphy v. Warden, the court ordered Donelle Murphy to either pay the $5 filing fee for his habeas petition or submit an application to proceed without paying it. Murphy was given 30 days to comply.
Murphy did neither. The court also noted that this dismissal did not affect his separate petition in an earlier related proceeding, where he had paid the filing fee.
Judge Colleen McMahon dismissed the petition without prejudice and denied Murphy permission to proceed without paying fees on appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Murphy v. Warden · No. 1:20-cv-03770
- Colleen McMahon
- July 7, 2020
Background
Donelle Murphy filed a petition for a writ of habeas corpus. On May 18, 2020, the court directed him to submit a completed application to proceed without paying the filing fee or to pay the required $5.00 filing fee within 30 days. The order warned that failure to comply would result in dismissal.
Failure to comply
Murphy did not submit the application or pay the fee. The court cited the federal filing-fee and fee-waiver statutes, 28 U.S.C. §§ 1914 and 1915. The court also explained that the dismissal did not affect Murphy's petition in a separate, earlier related proceeding, in which he had paid the $5.00 filing fee.
Ruling
Judge Colleen McMahon dismissed this petition without prejudice. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.