Black v. Johnson
- Philip Halpern
- 7:20-cv-08725
- U.S. District Court · Southern District of New York
- 2
In Black v. Johnson, Judge McMahon ordered Marcus Black to pay the filing fee or submit an application to proceed without prepayment.
Marcus Black, who must pay the $5 filing fee or submit a signed application to proceed without prepayment of fees within 30 days to avoid denial of the petition.
What happened
In Black v. Johnson, Marcus Black filed a petition asking for a court order concerning his detention, but he did not pay the required $5 filing fee or submit an application to proceed without prepaying fees.
The court gave Black 30 days to pay the fee or submit a signed application to proceed without prepayment. The court said no response from the respondent was required yet and that the case would proceed through the Clerk’s Office if Black complied.
Judge McMahon ordered these steps and stated that if Black did not comply within the allowed time, the court would deny the petition. The court also denied permission to proceed without prepaying fees for any appeal from this order.
The detailed version
- Black v. Johnson · No. 7:20-cv-08725
- Philip Halpern
- Oct. 23, 2020
Background
Marcus Black, representing himself, filed a petition for a writ of habeas corpus. The opinion does not decide the substance of that petition. Black submitted neither the required $5 filing fee nor a signed application to proceed without prepaying court fees.
Fee Requirement
The court explained that a person filing a habeas petition must either pay the filing fee or request authorization to proceed without prepayment of fees by submitting a signed application. The court directed Black, within 30 days of the order, to do one of those two things. If he submitted the application, it had to identify docket number 20-CV-8725 (CM). The court stated that, if the application were granted, Black could proceed without prepaying fees.
Order and Effect
The court directed the Clerk of Court to mail the order to Black 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 Black complied, but that the court would deny the petition if he failed to comply within the allowed period. The court also certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
Classification
This is a procedural order concerning the filing fee and an application to proceed without prepayment of fees. It does not reach the merits of Black’s habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.