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S.D.N.Y.Procedural orderFiled Aug. 22, 2023

Logan v. State of New York DOCCS

Judge
Laura Swain
Docket
1:23-cv-06196
Court
U.S. District Court · Southern District of New York
Pages
1
HabeasCivil Procedure
In one sentence

In Logan v. State of New York DOCCS, Judge Swain dismissed Logan’s petition without prejudice because he neither paid the fee nor requested a fee waiver.

Who this affects

Joseph Logan’s petition against State of New York DOCCS was dismissed without prejudice because he did not pay the filing fee or submit the required fee-waiver application.

What happened

In Logan v. State of New York DOCCS, the court gave Joseph Logan 30 days to either submit an application to waive the filing fee or pay the $5 fee required for his petition. The court warned that failing to do so would lead to dismissal.

Logan did neither. The court dismissed the petition without prejudice, meaning the dismissal did not bar a later filing. The order did not address the petition’s underlying claims.

Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Logan permission to appeal without paying the fee. The court directed that judgment be entered.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Logan v. State of New York DOCCS · No. 1:23-cv-06196
Judge
Laura Swain
Date
Aug. 22, 2023

Background

Joseph Logan filed a petition for a writ of habeas corpus against State of New York DOCCS. On July 19, 2023, the court ordered Logan, within 30 days, either to submit a completed application to proceed without paying the filing fee or to pay the $5 fee required to file the petition. The court warned that failure to comply would result in dismissal.

Ruling

The court found that Logan had not submitted the fee-waiver application or paid the filing fee. It therefore dismissed the petition without prejudice under 28 U.S.C. §§ 1914 and 1915. The order did not decide the merits of the petition.

The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying the fee. Judgment was ordered to enter.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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