McClennon v. Superintendent
- Vincent Briccetti
- 7:22-cv-04302
- U.S. District Court · Southern District of New York
- 2
In McClennon v. Superintendent, Judge Swain ordered Akbar McClennon to pay the filing fee or submit an IFP application before the habeas case could proceed.
Akbar McClennon, the petitioner, must either pay the $5 filing fee or submit a signed IFP application within 30 days to avoid dismissal of the action.
What happened
McClennon v. Superintendent of Green Haven Correctional Facility concerns Akbar McClennon's habeas petition. He filed it without paying the required $5 filing fee and without submitting an application to proceed without prepaying fees.
The court gave McClennon 30 days to pay the fee or submit a signed application to proceed without prepaying fees, labeled with the case's docket number. No response from the respondent was required at that time. If McClennon did not comply, the action would be dismissed.
Judge Laura Taylor Swain ordered the payment or application and stated that any appeal from the order would not be considered to have been filed in good faith; the court therefore denied permission to appeal without prepaying fees. The order did not decide the habeas petition's underlying claims.
The detailed version
- McClennon v. Superintendent · No. 7:22-cv-04302
- Vincent Briccetti
- May 26, 2022
Background
Akbar McClennon, who was proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion states that he submitted the petition without the required $5 filing fee and without an application to proceed in forma pauperis (IFP), meaning without prepaying the court's filing fees.
Order
The court ordered McClennon, within 30 days of the order, either to pay the $5 filing fee or complete and submit the attached signed IFP application. If the court granted the application, McClennon would be allowed to proceed without prepaying fees. The application was to include docket number 22-CV-4302 (LTS).
The court stated that no answer from the respondent was required at that time. If McClennon 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 and disposition
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. This order addressed filing requirements and did not reach the merits of McClennon's habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.