Smith v. The People of The State of New York
- Lewis Liman
- 1:20-cv-09708
- U.S. District Court · Southern District of New York
- 2
In Smith v. The People of The State of New York, Judge McMahon ordered payment of the filing fee or an application to proceed without prepayment.
OsmonDo Smith, who was required to pay the filing fee or submit an application to proceed without prepaying fees within 30 days; the action was subject to dismissal if he did not comply.
What happened
OsmonDo Smith filed a petition in Smith v. The People of The State of New York without paying the $5 filing fee or submitting an application to proceed without prepaying fees. Smith was representing himself.
The court ordered Smith, within 30 days, to either pay the fee or submit a signed application. No response from the People was required at that time. The court stated that the action would be dismissed if Smith did not comply.
Chief Judge Colleen McMahon issued the order. She also denied permission to proceed without prepaying fees for an appeal from this order, finding that an appeal would not be taken in good faith.
The detailed version
- Smith v. The People of The State of New York · No. 1:20-cv-09708
- Lewis Liman
- Dec. 9, 2020
Background
OsmonDo Smith, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not address the substance of that petition. Smith submitted neither the required $5.00 filing fee nor an application to proceed without prepaying fees.
Order
The court directed Smith, within 30 days of the order, to do one of two things: pay the $5.00 filing fee or complete and submit the attached application to proceed without prepaying fees. If Smith submitted the application, it had to identify docket number 20-CV-9708 (CM). The court explained that, if it granted the application, Smith could proceed without prepaying the filing fee.
The court stated that no answer was required at that time and that the case would be processed under the Clerk's Office procedures if Smith complied. If Smith failed to comply within the allowed time, the action would be dismissed. The Clerk was directed to mail a copy of the order and record service on the docket, although the opinion contains an incomplete phrase identifying the intended recipient.
Appeal
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. Chief Judge Colleen McMahon signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.