Brodie v. Pliler
- Lorna Schofield
- 1:22-cv-03821
- U.S. District Court · Southern District of New York
- 2
In Brodie v. Pliler, Judge Swain ordered Joseph Brodie and Dana Mednick to pay the fee or submit applications before the petition proceeds.
Joseph Brodie and Dana Mednick, the self-represented petitioners, must pay the filing fee or submit separate applications to proceed without prepaying fees within 30 days. The action may be dismissed if they do not comply.
What happened
Brodie v. Pliler involves a petition filed by Joseph Brodie and Dana Mednick, who are representing themselves. They submitted the petition without paying the required filing fee or providing applications to proceed without prepaying court fees.
The court gave them 30 days to pay one $5 filing fee or each submit a completed and signed fee-waiver application. The court said no response from the respondent was required yet and warned that the case will be dismissed if they do not comply on time.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the underlying habeas petition.
The detailed version
- Brodie v. Pliler · No. 1:22-cv-03821
- Lorna Schofield
- May 12, 2022
Background
Joseph Brodie and Dana Mednick filed a petition for a writ of habeas corpus and are proceeding without lawyers. The petition was filed without the required $5 filing fee and without applications asking to proceed without prepaying court fees.
Order
The court directed the petitioners, within 30 days, to do one of two things: pay one $5 filing fee, or each complete, sign, and submit a separate application to proceed without prepaying fees. If the court grants those applications, each petitioner may proceed without paying fees in advance. The court instructed that any applications should identify docket number 1:22-CV-3821 (LTS).
The court stated that no answer from the respondent was required at that stage. If the petitioners comply, the Clerk’s Office will process the case under its procedures. If they do not comply within the allowed time, the action will be dismissed.
Appeal ruling
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to appeal without prepaying fees. The order did not address the merits of the habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.