Diaz v. Superintendent
- Colleen McMahon
- 1:20-cv-09174
- U.S. District Court · Southern District of New York
- 2
In Diaz v. Superintendent, Judge McMahon ordered pro se petitioner Gilberto Diaz to pay the filing fee or submit a fee-waiver application within 30 days.
Gilberto Diaz, the pro se petitioner, must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days; otherwise, the action will be dismissed.
What happened
In Diaz v. Superintendent of Green Haven Facility, Gilberto Diaz filed a petition asking for habeas corpus relief but did not pay the required filing fee or submit an application to proceed without prepaying fees.
The court ordered Diaz to pay the $5 filing fee or submit a signed fee-waiver application within 30 days. The court said the case would be processed if he complied and would be dismissed if he did not. No response from the respondent was required at that time.
Judge Colleen McMahon also ruled that any appeal from the order would not be taken in good faith and denied fee-waiver status for an appeal.
The detailed version
- Diaz v. Superintendent · No. 1:20-cv-09174
- Colleen McMahon
- Dec. 7, 2020
Background
Gilberto Diaz, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not describe the underlying claims or requested relief. Diaz submitted the petition without paying the $5 filing fee and without submitting an application to proceed in forma pauperis, meaning without prepaying court fees.
Order
The court ordered Diaz, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached in forma pauperis application. The application was to identify docket number 20-CV-9174 (CM). The court explained that, if it granted the application, Diaz could proceed without prepaying fees.
The Clerk of Court was directed to mail the order to Diaz and record service on the docket. The court stated that no answer was required at that time. If Diaz complied, the case would be processed under the Clerk’s Office procedures; if he failed to comply within the allowed time, the action would be dismissed.
Appeal and disposition
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. This order addressed filing requirements and did not decide the merits of Diaz’s habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.