Logan v. State of New York DOCCS
- Laura Swain
- 1:23-cv-06196
- U.S. District Court · Southern District of New York
- 2
In Logan v. State of New York DOCCS, Judge Swain ordered settlement documents forwarded but did not decide Logan’s habeas petition.
Joseph Logan, the Clerk of Court, and the NYC Restrictive Confinement Settlement administrator. The habeas petition itself was not decided in this order.
What happened
In Logan v. State of New York DOCCS, Joseph Logan submitted a petition asking for relief under a federal law governing challenges to state custody. He attached documents concerning the NYC Restrictive Confinement Settlement and a notice requiring the forms to be returned by September 5, 2023.
The court directed its Clerk to copy pages 57 through 66 of the petition and send them to the settlement administrator. The court said Logan remained responsible for making sure his settlement paperwork was properly submitted and did not represent that the submission was complete.
Judge Swain did not decide the habeas petition in this order. The court also said any appeal would not be taken in good faith and denied permission to appeal without paying the filing fee; a separate order addressed the $5 filing fee for the case.
The detailed version
- Logan v. State of New York DOCCS · No. 1:23-cv-06196
- Laura Swain
- July 24, 2023
Background
Joseph Logan filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. A habeas petition under that statute seeks federal-court relief concerning state custody. The petition included pages 57–66 containing documents related to the NYC Restrictive Confinement Settlement in Miller et al. v. City of New York, No. 21-CV-2616 (E.D.N.Y.). The attached notice said the forms had to be completed and returned to the settlement administrator by September 5, 2023.
What the Court Ordered
As a courtesy, the court directed the Clerk of Court to extract pages 57–66 from the petition and forward them to the NYC Restrictive Confinement Settlement administrator at the address listed in the order. The court emphasized that Logan remained responsible for ensuring that all paperwork for that matter was properly submitted and made no representation that sending those pages completed the submission.
Other Rulings and Effect
The opinion states that a separate order notified Logan that the case could not proceed until he paid the $5 filing fee or submitted an application to proceed without paying it because he could not afford the fee. The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied permission to appeal without paying the fee. Judge Laura Taylor Swain did not rule on the merits of Logan’s habeas petition in this order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.