Cotto v. Capra
- George Daniels
- 1:20-cv-06025
- U.S. District Court · Southern District of New York
- 2
In Cotto v. Capra, Judge McMahon ordered Jonathan Cotto to pay the fee or submit an IFP application within 30 days.
Jonathan Cotto, who filed the petition without a lawyer and must either pay the $5.00 filing fee or submit an application to proceed without prepaying fees within 30 days; the action may be dismissed if he does not comply.
What happened
In Cotto v. Capra, Jonathan Cotto filed a petition asking the court for relief concerning his custody, but he did not pay the $5 filing fee or submit an application to proceed without paying it upfront.
The court ordered Cotto to pay the fee or submit a signed application to proceed without prepayment within 30 days. The court said no response from Michael Capra was required at that time and that the case would be processed if Cotto complied. If he did not comply, the action would be dismissed.
Judge Colleen McMahon also ruled that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the substance of Cotto’s petition.
The detailed version
- Cotto v. Capra · No. 1:20-cv-06025
- George Daniels
- Aug. 4, 2020
Background
Jonathan Cotto, representing himself, filed a petition for a writ of habeas corpus, a request for federal court relief concerning custody. He submitted neither the required $5.00 filing fee nor a signed application to proceed in forma pauperis, meaning without prepaying court fees.
Order
The court directed Cotto, within 30 days of the order, to either pay the $5.00 filing fee or complete and submit the attached application to proceed without prepayment. If he submitted the application, it was to identify docket number 20-CV-6025 (CM). The court explained that Cotto could proceed without prepaying the fee only if the court granted the application.
The Clerk of Court was directed to mail Cotto a copy of the order and record service on the docket. The court stated that Michael Capra did not need to file an answer at that time. If Cotto complied, the Clerk’s Office would process the case under its procedures; if he failed to comply within the allowed time, the action would be dismissed.
Appeal and Disposition
Judge Colleen McMahon 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. The order addressed only the filing-fee or fee-waiver requirement and did not decide the merits of Cotto’s petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.