Fagan v. Superintendent
- Analisa Torres
- 1:20-cv-07389
- U.S. District Court · Southern District of New York
- 2
In Fagan v. Superintendent, Judge McMahon ordered Keith Fagan to pay the filing fee or submit an application to proceed without prepayment.
Keith Fagan, who must pay the filing fee or submit an application to proceed without prepayment within 30 days or face dismissal of the action.
What happened
In Fagan v. Superintendent, Keith Fagan filed a petition for a writ of habeas corpus without paying the $5 filing fee or submitting an application to proceed without prepaying fees.
The court gave Fagan 30 days from September 10, 2020, to pay the fee or submit a signed application. If he did not comply, the action would be dismissed; no summons would issue at that time.
Chief Judge Colleen McMahon directed the Clerk of Court to mail the order to Fagan and denied permission to appeal without prepaying fees, certifying that any appeal would not be taken in good faith.
The detailed version
- Fagan v. Superintendent · No. 1:20-cv-07389
- Analisa Torres
- Sept. 10, 2020
Background
Keith Fagan, representing himself, filed a petition for a writ of habeas corpus. The petition was submitted without the $5 filing fee required to proceed in the court and without an application to proceed in forma pauperis, meaning without prepaying court fees.
Order
The court ordered Fagan, within 30 days of the order, either to pay the $5 filing fee or complete and submit the attached application. The application was required to identify docket number 20-CV-7389 (CM). If the court granted the application, Fagan could proceed without prepaying the filing fee.
The court directed the Clerk of Court to mail the order to Fagan and record service on the docket. The court stated that no summons would issue at that time. If Fagan failed to comply within the allowed period, the action would be dismissed. The order did not decide the substance of Fagan's habeas petition.
Appeal-related ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied in forma pauperis status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.