Lucas v. Commissioner of Mental Health
- Laura Swain
- 1:23-cv-11274
- U.S. District Court · Southern District of New York
- 4
In Lucas v. Commissioner of Mental Health, Judge Swain ordered Troy Lucas to pay the filing fee or submit an application to proceed without prepaying it.
Troy Lucas must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days; otherwise, the action will be dismissed.
What happened
In Lucas v. Commissioner of Mental Health, Troy Lucas filed a petition asking for review of his detention or other custody through a federal court process, but he did not pay the $5 filing fee or submit an application to proceed without prepaying fees.
The court gave Lucas 30 days to pay the fee or submit a signed application showing that he cannot afford it. The court said the case would be processed if he complied, but the action would be dismissed if he did not comply within that period.
Judge Swain also said 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 petition's underlying claims.
The detailed version
- Lucas v. Commissioner of Mental Health · No. 1:23-cv-11274
- Laura Swain
- Jan. 2, 2024
Background
Troy Lucas, proceeding without a lawyer, filed a petition for a writ of habeas corpus against the Commissioner of Mental Health. A habeas petition asks a federal court to review the lawfulness of a person's custody or detention. Lucas did not submit the $5 filing fee or an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court ordered Lucas, within 30 days of the order, either to pay the $5 filing fee or complete and submit the attached IFP application. The court explained that, if it grants the application, Lucas may proceed without paying the fee in advance. The application must identify docket number 23-CV-11274 (LTS).
The court stated that no summons was required at that time. If Lucas complies, the case will be processed under the Clerk's Office procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal and scope of ruling
The court certified that any appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal. The order addressed the filing fee and fee-waiver requirement; it did not decide the substance of Lucas's habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.