Logan v. State of New York DOCCS
- Laura Swain
- 1:23-cv-06196
- U.S. District Court · Southern District of New York
- 4
In Logan v. State of New York DOCCS, Judge Swain ordered Joseph Logan to pay the filing fee or apply to proceed without prepaying it within 30 days.
Joseph Logan must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days. The case will be dismissed if he does not comply; the opinion does not require State of New York DOCCS to respond at this stage.
What happened
In Logan v. State of New York DOCCS, Joseph Logan filed a petition asking the court to review his detention through a legal process called habeas corpus. He was representing himself and submitted the petition without paying the $5 filing fee or filing an application to proceed without prepaying court costs.
The court gave Logan 30 days to either pay the fee or submit a signed application showing that he could not afford it. The court said no response from the State of New York DOCCS was required at that time.
Judge Swain ordered that the case would be processed if Logan complied, but would be dismissed if he did not. The court also denied permission to proceed without prepaying fees for any appeal from this order, finding that an appeal would not be taken in good faith.
The detailed version
- Logan v. State of New York DOCCS · No. 1:23-cv-06196
- Laura Swain
- July 19, 2023
Background
Joseph Logan filed a petition for a writ of habeas corpus, a legal procedure seeking court review of a person's detention or custody. The opinion states that Logan was proceeding without a lawyer. He submitted the petition without the required $5 filing fee and without an application to proceed without prepaying fees.
Court’s Order
The court directed Logan, within 30 days of the order, to do one of two things: pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. If the court grants that application, Logan may proceed without paying the fees in advance. The application must include docket number 23-CV-6196 (LTS).
The court stated that the respondent did not need to file an answer at that time. If Logan complies with the order, the case will be processed under the Clerk’s Office procedures. If he does not comply within the permitted time, the action will be dismissed.
Appeal-Related Ruling
The court certified under federal law that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
What the Order Did Not Decide
This order did not decide the substance of Logan’s habeas petition or determine whether he is entitled to relief.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.