Moco v. Bell
- Edgardo Ramos
- 1:20-cv-11132
- U.S. District Court · Southern District of New York
- 2
In Moco v. Bell, Judge McMahon ordered pro se petitioner Robert Moco to pay $5 or submit an application to proceed without prepaying fees.
Robert Moco, who must either pay the $5 filing fee or submit an application to proceed without prepaying fees within 30 days; Earl Bell was not required to answer at that time.
What happened
In Moco v. Bell, Robert Moco, representing himself, filed a petition asking for court review of his detention without paying the required filing fee or submitting an application to proceed without prepaying fees.
The court gave Moco 30 days to pay the $5 fee or submit a signed application. If he did not comply, the action would be dismissed. The court also said no response from Earl Bell was required at that time.
Judge Colleen McMahon directed the Clerk of Court to mail the order to Moco and record service. She also denied permission to proceed without prepaying fees on any appeal from the order, finding that an appeal would not be taken in good faith.
The detailed version
- Moco v. Bell · No. 1:20-cv-11132
- Edgardo Ramos
- Jan. 21, 2021
Background
Robert Moco, proceeding without a lawyer, filed a petition for a writ of habeas corpus, meaning a request for judicial review of allegedly unlawful custody or detention. He did not pay the $5 filing fee and did not submit an application to proceed without prepaying fees.
Court’s Order
The court directed Moco, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached application to proceed in forma pauperis, which allows a qualifying person to proceed without prepaying court fees. The application was to identify docket number 20-CV-11132 (CM). The court stated that, if it granted the application, Moco could proceed without prepaying the fee.
The Clerk of Court was directed to mail Moco a copy of the order and note service on the docket. No answer from Earl Bell was required at that stage. If Moco 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-Fee Ruling and Effect
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. The order addressed filing requirements and did not decide the merits of Moco’s habeas petition.
Disposition
The court entered an order directing payment of the filing fee or submission of an application to proceed without prepaying fees. It did not dismiss the action at that time.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.