Gonzalez v. New York State Dept. of Corrections Community Supervision
- Colleen McMahon
- 1:21-cv-02914
- U.S. District Court · Southern District of New York
- 2
In Gonzalez v. New York State Dept. of Corrections Community Supervision, Judge McMahon ordered Gonzalez to pay the filing fee or request fee waiver.
Miguel Gonzalez must either pay the $5 filing fee or submit a signed fee-waiver application within 30 days; otherwise, the action will be dismissed. The respondent was not required to answer at this stage.
What happened
In Gonzalez v. New York State Dept. of Corrections Community Supervision, Miguel Gonzalez filed a petition challenging custody or detention through a habeas petition without paying the required fee or submitting a fee-waiver application.
The court gave Gonzalez 30 days to pay the $5 filing fee or submit a signed application to proceed without paying the fee in advance. No response from the respondent was required at that time. The court warned that the case would be dismissed if Gonzalez did not comply.
Chief United States District Judge COLLEEN McMAHON also ruled that an appeal from this order would not be taken in good faith and denied fee-waiver status for any appeal. The order did not decide the habeas petition's underlying claims.
The detailed version
- Gonzalez v. New York State Dept. of Corrections Community Supervision · No. 1:21-cv-02914
- Colleen McMahon
- Apr. 6, 2021
Background
Miguel Gonzalez, representing himself, filed a petition for a writ of habeas corpus, a legal procedure used to challenge unlawful custody or detention. He did not submit the $5 filing fee or an application asking to proceed without paying the fee in advance.
Order
The court directed Gonzalez, within 30 days of the order, either to pay the $5 filing fee or submit a signed application to proceed without prepayment of fees. The application was to include docket number 21-CV-2914 (CM). The court explained that Gonzalez could proceed without prepaying fees only if the court granted the application.
The Clerk of Court was directed to mail the order to Gonzalez and record service on the docket. The court stated that no answer from the respondent was required at that time. If Gonzalez complied, the case would be processed under the Clerk's Office procedures. If he did not comply within the allowed time, the action would be dismissed.
Disposition
Chief United States District Judge COLLEEN McMAHON denied fee-waiver status for an appeal, certifying under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. This order addressed filing requirements and did not rule on the merits of Gonzalez's habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.