Malone v. Pliler
- Laura Swain
- 1:22-cv-01692
- U.S. District Court · Southern District of New York
- 2
In Malone v. Pliler, Chief Judge Swain ordered Malone to pay $5 or submit a signed fee-waiver application within 30 days.
Donald L. Malone, who must either pay the $5.00 filing fee or submit a signed application to proceed without prepaying fees within 30 days, or the action will be dismissed.
What happened
In Malone v. Pliler, Donald L. Malone filed a petition asking the court to review his detention, but he did not pay the $5 filing fee or submit an application to proceed without prepaying fees.
The court gave Malone 30 days to pay the fee or submit the completed application. The court said no response from the warden was required yet and warned that the case would be dismissed if Malone did not comply.
Chief Judge Laura Taylor Swain also denied permission to proceed without prepaying fees for any appeal from this order, stating that such an appeal would not be taken in good faith. The order did not decide the substance of Malone’s petition.
The detailed version
- Malone v. Pliler · No. 1:22-cv-01692
- Laura Swain
- Mar. 1, 2022
Background
Donald L. Malone, who was proceeding without a lawyer, filed a petition for a writ of habeas corpus against William S. Pliler, Warden. The petition was submitted without the required $5.00 filing fee and without an application asking to proceed without prepaying fees.
Order
The court directed Malone, within 30 days of the order, to either pay the $5.00 filing fee or complete and submit the attached application to proceed without prepaying fees. The application was to include docket number 22-CV-1692 (LTS). The court explained that, if the application were granted, Malone could proceed without prepaying the filing fee.
The court stated that no answer from the respondent was required at that time. If Malone complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the allowed period, the action would be dismissed.
Appeal-fee ruling and disposition
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 permission to proceed without prepaying fees for an appeal. Judge Laura Taylor Swain’s order addressed filing-fee requirements only; it did not decide the merits of the habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.