Lucas v. Office of Mental Health
- Colleen McMahon
- 1:20-cv-07325
- U.S. District Court · Southern District of New York
- 2
In Lucas v. Office of Mental Health, Judge McMahon ordered Lucas to pay the fee or submit a complete, signed application within 30 days.
Troy Lucas must either pay the $5 filing fee or submit a complete, signed application to proceed without paying the fee upfront within 30 days. The Office of Mental Health was not required to respond at this stage.
What happened
Troy Lucas, representing himself, filed a petition for a court order challenging custody against the Office of Mental Health. He submitted an application to proceed without paying the filing fee upfront, but the application was incomplete and unsigned.
Judge McMahon ordered Lucas, within 30 days, either to pay the $5 filing fee or submit a complete and signed application. The court said no response from the Office of Mental Health was required at that time.
Judge McMahon stated that if Lucas did not comply, the case would be dismissed without prejudice, meaning he could bring it again. She also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Lucas v. Office of Mental Health · No. 1:20-cv-07325
- Colleen McMahon
- Sept. 9, 2020
Background
Troy Lucas, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not describe the underlying claim or explain the basis of the petition. To begin a habeas case in the Southern District of New York, a petitioner must pay the $5 filing fee or request permission to proceed without paying the fee upfront by submitting a signed application.
Lucas submitted an application to proceed without paying the fee upfront, but the court found that it was unsigned and incomplete.
Order
The court ordered Lucas, within 30 days of the order, to do one of two things: pay the $5 filing fee or fully complete and sign the attached amended application. If he submitted the amended application, he was instructed to include docket number 20-CV-7325. The court explained that, if it granted the application, Lucas could proceed without paying the filing fee upfront.
The Clerk of Court was directed to mail Lucas a copy of the order and record service on the docket. The court stated that the Office of Mental Health did not need to file an answer at that time and that the case would be processed under the Clerk's Office procedures if Lucas complied.
Disposition and effect
Judge Colleen McMahon did not decide the merits of Lucas's petition. The order directed Lucas to pay the filing fee or correct his application. It stated that failure to comply within the allowed time would result in dismissal without prejudice. The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without paying the required fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.