Crespo v. United States
- Colleen McMahon
- 1:20-cv-05139
- U.S. District Court · Southern District of New York
- 2
In Crespo v. United States, Judge McMahon ordered Raymond Crespo to pay the filing fee or submit an application to proceed without prepayment.
Raymond Crespo, who must either pay the $5 filing fee or submit a signed application to proceed without prepayment within 30 days; the action may be dismissed if he does not comply.
What happened
Crespo v. United States concerns a habeas petition filed by Raymond Crespo, who was representing himself. He submitted the petition without paying the required $5 filing fee or providing an application to proceed without prepayment.
The court gave Crespo 30 days to pay the fee or submit a signed application requesting permission to proceed without prepayment. The court said the case would be dismissed if he did not comply, and no response from the United States was required at that time.
Judge Colleen McMahon also ruled that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. This order did not decide the habeas petition's underlying issues.
The detailed version
- Crespo v. United States · No. 1:20-cv-05139
- Colleen McMahon
- July 7, 2020
Background
Raymond Crespo, proceeding without a lawyer, filed a petition for a writ of habeas corpus against the United States of America. He did not submit the $5 filing fee or a signed application requesting permission to proceed without prepaying fees.
Order
The court directed Crespo, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached application to proceed without prepayment of fees. The application was to identify docket number 20-CV-5139 (CM). The court explained that, if the application were granted, Crespo could proceed without prepaying the filing fee.
The court directed the Clerk of Court to mail Crespo a copy of the order and record service on the docket. No answer from the United States was required at that time. The court stated that the case would be processed under the Clerk's Office procedures if Crespo complied, and that the action would be dismissed if he failed to comply within the allowed time.
Appeal and effect
The court certified that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order addressed filing-fee requirements and did not decide the underlying habeas claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.