Brewer v. State of New York
- Colleen McMahon
- 1:21-cv-01468
- U.S. District Court · Southern District of New York
- 2
In Brewer v. State of New York, Judge McMahon ordered petitioner to pay $5 or submit an IFP application within 30 days.
James M. Brewer, Jr.; the case against the State of New York could be dismissed if he does not pay the filing fee or submit the required application within 30 days.
What happened
Brewer v. State of New York began when James M. Brewer, Jr., representing himself, filed a petition seeking federal relief without paying the filing fee or submitting an application to proceed without prepaying fees.
The court gave Brewer 30 days to pay the $5 filing fee or submit a signed application to proceed without prepaying fees. The court said the case would be dismissed if he did not comply, and no response from the State of New York was required at that time.
Judge Colleen McMahon also directed the Clerk to mail the order to Brewer and denied permission to proceed without prepaying fees for any appeal from this order, certifying that such an appeal would not be taken in good faith.
The detailed version
- Brewer v. State of New York · No. 1:21-cv-01468
- Colleen McMahon
- Mar. 2, 2021
Background
James M. Brewer, Jr., proceeding without a lawyer, filed a petition for habeas relief, a procedure for seeking federal court relief concerning detention or custody. The opinion does not describe the underlying claims. Brewer submitted the petition without the required $5 filing fee and without an application to proceed without prepaying fees.
Order
The court ordered Brewer, within 30 days of March 2, 2021, either to pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. The application was to identify docket number 21-CV-1468 (CM). The court explained that, if it granted the application, Brewer could proceed without prepaying fees.
Additional directives and disposition
The Clerk was directed to mail Brewer a copy of the order and record service on the docket. The court stated that no answer from the State of New York was required at that stage. If Brewer 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. The court also certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.