Shoy v. Harris
- Vernon Broderick
- 1:22-cv-00084
- U.S. District Court · Southern District of New York
- 2
In Shoy v. Annucci, Judge Swain ordered Lorenzo Shoy to pay the filing fee or submit an application to proceed without prepayment.
Lorenzo Shoy, whose possible federal conviction-challenge petition could be dismissed if he did not pay the filing fee or submit the required application within 30 days.
What happened
In Lorenzo Shoy v. Anthony J. Annucci, the court treated Shoy’s affidavit as a possible petition challenging his 2017 Bronx County conviction. Shoy had not paid the filing fee or submitted an application to proceed without prepaying it.
The court gave Shoy 30 days to pay the $5 filing fee or submit a signed application for permission to proceed without prepayment. If he did not comply, the action would be dismissed. The court also said that no response from the defendant was required at that time.
Judge Laura Taylor Swain ordered the Clerk of Court to mail the order to Shoy and denied permission to appeal without prepaying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Shoy v. Harris · No. 1:22-cv-00084
- Vernon Broderick
- Jan. 6, 2022
Background
On January 4, 2022, the court received Lorenzo Shoy’s affidavit. The court stated that the affidavit appeared to be a petition under 28 U.S.C. § 2254 challenging Shoy’s 2017 Bronx County conviction. A person filing such a petition must either pay the $5 filing fee or submit a signed application to proceed in forma pauperis, meaning without prepaying court fees.
Shoy submitted neither the filing fee nor an application to proceed without prepayment. The order also stated that, if Shoy did not intend the affidavit to be his § 2254 petition, he could withdraw it.
Order
The court ordered Shoy, within 30 days of the order’s date, either to pay the $5 filing fee or complete and submit the attached application to proceed without prepayment. If he submitted the application, it had to include docket number 22-CV-0084 (LTS). The court explained that, if the application were granted, Shoy could proceed without prepaying fees.
The court stated that the case would be processed under the Clerk’s Office procedures if Shoy complied. If he failed to comply within the allowed time, the action would be dismissed. No answer from the defendant was required at that time. The Clerk was directed to mail Shoy a copy of the order and record service on the docket.
Appeal Certification
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without prepaying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.