Lara v. New York
- Colleen McMahon
- 1:20-cv-06062
- U.S. District Court · Southern District of New York
- 2
In Lara v. New York, Judge McMahon ordered Luis A. Lara to pay the filing fee or submit an IFP application within 30 days.
Luis A. Lara, who must either pay the $5 filing fee or submit a signed IFP application within 30 days to avoid dismissal of the action; New York is not required to answer at this stage.
What happened
Lara v. New York concerns Luis A. Lara’s petition and his failure to submit either the required filing fee or an application to proceed without prepaying fees.
The court gave Lara 30 days to pay the $5 filing fee or submit a signed application. If he does not comply, the action will be dismissed; no response from New York is required at this stage.
Judge Colleen McMahon also ruled that any appeal from this order would not qualify for fee-free status because it would not be taken in good faith.
The detailed version
- Lara v. New York · No. 1:20-cv-06062
- Colleen McMahon
- Aug. 7, 2020
Background
Luis A. Lara, representing himself, filed a petition for a writ of habeas corpus. The petition was submitted without the $5 filing fee and without an application to proceed in forma pauperis (IFP), meaning without paying court fees in advance.
Order
The court ordered Lara, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached signed IFP application. If he submits an IFP application and the court grants it, he may proceed without prepaying the filing fee. The application should identify docket number 20-CV-6062 (CM).
The court directed the Clerk of Court to mail Lara a copy of the order and record service on the docket. The court stated that no answer from New York was required at that time. If Lara does not comply within the allowed period, the action will be dismissed.
Appeal and disposition
The court certified that any appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal. Judge Colleen McMahon did not decide the underlying petition in this order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.