Hodge v. United States
- John Cronan
- 1:20-cv-10474
- U.S. District Court · Southern District of New York
- 2
In Hodge v. United States, Judge McMahon ordered Martin Hodge to pay the fee or request to proceed without prepaying fees within 30 days.
Martin Hodge, who was required to pay the $5 filing fee or submit an application to proceed without prepaying fees within 30 days; failure to comply would result in dismissal of the action.
What happened
In Hodge v. United States, Martin Hodge filed a petition asking for a court order concerning his detention but did not pay the required $5 filing fee or submit an application to proceed without prepaying fees. He was representing himself.
The court ordered Hodge, within 30 days, to either pay the $5 fee or submit a signed application explaining why he should be allowed to proceed without prepaying it. The clerk was directed to mail him the order, and the United States was not required to respond at that time. The court stated that failing to comply would result in dismissal of the action.
Judge Colleen McMahon also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the substance of Hodge's petition.
The detailed version
- Hodge v. United States · No. 1:20-cv-10474
- John Cronan
- Dec. 14, 2020
Background
Martin Hodge, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion states that he submitted the petition without paying the required $5 filing fee and without submitting an application to proceed without prepaying fees.
Order
The court directed Hodge, within 30 days of the order, to do one of two things: pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. If he submitted the application, it was to identify docket number 20-CV-10474 (CM). The court explained that, if the application were granted, Hodge could proceed without prepaying the fee.
The clerk was directed to mail Hodge a copy of the order and record service on the docket. The court stated that the United States did not have to submit an answer at that time. If Hodge complied, the case would be processed under the clerk's procedures; if he did not 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 an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order addressed filing requirements and did not reach the merits of Hodge's habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.