Mann v. Superintendent
- Louis Stanton
- 1:20-cv-10223
- U.S. District Court · Southern District of New York
- 2
In Mann v. Superintendent, Chief Judge McMahon ordered a pro se petitioner to pay the fee or submit an IFP application within 30 days.
Joseph Adam Mann, who filed the habeas petition without a lawyer, a filing fee, or an application to proceed without prepaying fees; the action would be dismissed if he failed to comply with the order.
What happened
In Mann v. Superintendent, Joseph Adam Mann filed a habeas petition without paying the $5 filing fee or submitting an application to proceed without prepaying fees. The court explained that he had to do one of those things to proceed.
The court gave Mann 30 days from December 4, 2020, to pay the fee or submit a signed application labeled with the case number. No response from the Superintendent was required at that time.
Chief Judge Colleen McMahon ordered the Clerk to mail the order to Mann and record service. She stated that the case would be processed if Mann complied and would be dismissed if he did not. She also denied permission to appeal without prepaying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Mann v. Superintendent · No. 1:20-cv-10223
- Louis Stanton
- Dec. 4, 2020
Background
Joseph Adam Mann, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion states that he did not submit the required $5 filing fee or an application to proceed without prepaying court fees.
Order
The court directed Mann, within 30 days of the order, either to pay the $5 filing fee or complete and submit the attached application to proceed without prepayment of fees. The application was to identify docket number 20-CV-10223 (CM). The court explained that, if the application were granted, Mann could proceed without prepaying the fee.
The court stated that no answer from the Superintendent was required at that time. If Mann complied, the Clerk's Office would process the case under its procedures. If he failed to comply within the allowed time, the action would be dismissed.
Additional Ruling and Disposition
Chief Judge Colleen McMahon directed the Clerk to mail the order to Mann and note service on the docket. The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. This order addressed the filing-fee or fee-waiver requirement; it did not decide the merits of Mann's habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.