Rodriguez v. LaManna
- George Daniels
- 1:20-cv-07547
- U.S. District Court · Southern District of New York
- 2
In Rodriguez v. LaManna, Judge McMahon ordered the pro se petitioner to pay $5 or submit an IFP application within 30 days.
Johnny Rodriguez must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days; otherwise, the petition will be denied.
What happened
In Rodriguez v. LaManna, Johnny Rodriguez filed a petition asking for habeas corpus relief but did not pay the $5 filing fee or submit an application to proceed without paying the fee upfront.
The court gave Rodriguez 30 days to pay the fee or submit a signed fee-waiver application. The court said no response from Jamie LaManna was required at that time and warned that the petition would be denied if Rodriguez did not comply.
Chief Judge Colleen McMahon issued the order. She also ruled that Rodriguez could not proceed without paying fees for an appeal because any appeal would not be taken in good faith.
The detailed version
- Rodriguez v. LaManna · No. 1:20-cv-07547
- George Daniels
- Sept. 16, 2020
Background
Johnny Rodriguez, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion states that he submitted the petition without the $5 filing fee and without an application to proceed without prepaying court fees.
Order
The court directed Rodriguez, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached application to proceed without prepayment of fees. If the court grants that application, Rodriguez may proceed without paying the fee in advance. The application was to identify docket number 1:20-CV-7547 (CM).
The clerk was directed to mail Rodriguez a copy of the order and record service on the docket. No answer from Jamie LaManna was required at that time. The court stated that the action would be processed under the clerk’s procedures if Rodriguez complied, but that the petition would be denied if he failed to comply within the permitted time.
Appeal-fee ruling
The court 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 proceed without prepaying fees for an appeal.
Disposition
This was a procedural order addressing the filing fee or fee-waiver application. The court did not decide the substance of Rodriguez’s habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.