McCloud v. Pliler
- Cathy Seibel
- 7:21-cv-02619
- U.S. District Court · Southern District of New York
- 2
In McCloud v. Pliler, Judge McMahon ordered McCloud to pay the filing fee or apply to proceed without prepayment, or face dismissal.
Jordan McCloud, whose petition remains subject to the filing-fee or fee-waiver requirement and may be dismissed if he does not comply within 30 days. W.S. Pliler was not required to answer at this stage.
What happened
Jordan McCloud filed a petition under the court’s habeas process against W.S. Pliler, but did not submit the required $5 filing fee or an application to proceed without prepayment.
The court gave McCloud 30 days to pay the fee or submit a signed application requesting permission to proceed without prepayment. The court said no response from W.S. Pliler was required at that time.
Judge Colleen McMahon ordered the Clerk to mail the order to McCloud and record service. The case will proceed if McCloud complies, but will be dismissed if McCloud does not comply; the court also denied permission to appeal without prepaying fees.
The detailed version
- McCloud v. Pliler · No. 7:21-cv-02619
- Cathy Seibel
- Mar. 26, 2021
Background
Jordan McCloud, representing himself, filed a petition for a writ of habeas corpus, a legal petition concerning a person’s custody. The opinion states that McCloud submitted the petition without paying the $5 filing fee and without submitting an application to proceed in forma pauperis, meaning without paying court fees in advance.
Order
The court ordered McCloud, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached application to proceed without prepayment. If McCloud submits the application and the court grants it, he may proceed without prepaying fees. The application must identify docket number 1:21-CV-2619 (CM).
The Clerk of Court was directed to mail the order to McCloud and record service on the docket. No answer from W.S. Pliler was required at that point. The court stated that the case would be processed under the Clerk’s Office procedures if McCloud complied, but that the action would be dismissed if he failed to comply within the allowed time.
Appeal and effect
Judge Colleen McMahon certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. This order did not decide the substance of McCloud’s petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.