Fleming v. The Attorney General of the State of New York
- Louis Stanton
- 1:20-cv-06026
- U.S. District Court · Southern District of New York
- 2
Fleming v. Attorney General: Judge McMahon ordered Robert Fleming to pay the fee or submit an application to proceed without prepayment.
Robert Fleming was required to pay the filing fee or submit an application to proceed without prepayment within 30 days. The respondent was not required to answer at that time.
What happened
In Fleming v. The Attorney General of the State of New York, Robert Fleming filed a habeas petition without paying the $5 filing fee or submitting an application to proceed without prepayment. He was representing himself.
The court gave Fleming 30 days to pay the fee or submit a signed application. The court said the case would be processed if he complied and would be dismissed if he did not; no response from the Attorney General was required yet.
Judge Colleen McMahon also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Fleming v. The Attorney General of the State of New York · No. 1:20-cv-06026
- Louis Stanton
- Aug. 12, 2020
Background
Robert Fleming, who was representing himself, filed a petition for a writ of habeas corpus. The opinion states that he submitted the petition without the required $5.00 filing fee and without an application asking to proceed without prepaying court fees.
Order
The court ordered Fleming, 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 of fees. The application was to include docket number 20-CV-6026 (CM). The court explained that, if the application were granted, Fleming could proceed without prepaying the fee.
The court directed the Clerk of Court to mail the order to Fleming and record service on the docket. No answer from the respondent was required at that time. The court stated that the case would be processed under the Clerk's Office procedures if Fleming complied, and that the action would be dismissed if he did not comply within the allowed time.
Appeal ruling
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. The court therefore denied permission to proceed without prepaying fees for an appeal. This order did not decide the substance of Fleming's habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.