Marvin v. The State of New York
- Laura Swain
- 1:24-cv-01656
- U.S. District Court · Southern District of New York
- 4
In Marvin v. The State of New York, Judge Swain ordered Marvin to pay $5 or submit an application to proceed without prepaying fees.
Mark Marvin must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days. The habeas case may be dismissed if he does not comply; the opinion does not decide the petition’s merits.
What happened
Mark Marvin v. The State of New York concerns Marvin’s petition for a writ of habeas corpus, which he filed without a lawyer. The court had not yet required the State of New York to respond.
The court ordered Marvin, within 30 days, either to pay the $5 filing fee or submit a signed application to proceed without prepaying fees. If the court approves that application, Marvin may proceed without paying the fee in advance. If he does not comply, the action will be dismissed.
Chief Judge Laura Taylor Swain also denied fee-free status for any appeal from this order, finding that an appeal would not be taken in good faith. The order did not decide the substance of Marvin’s habeas petition.
The detailed version
- Marvin v. The State of New York · No. 1:24-cv-01656
- Laura Swain
- Mar. 12, 2024
Background
Mark Marvin, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not decide whether he is entitled to habeas relief. It states that he submitted the petition without paying the $5 filing fee and without submitting an application to proceed without prepaying fees.
Court’s Order
The court ordered Marvin, 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. The application had to be signed and labeled with docket number 24-CV-1656 (LTS). If the court grants the application, Marvin may proceed without paying fees in advance.
The court stated that no response from the State of New York was required at that time. If Marvin complies with the order, 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 Disposition
Chief United States District Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. This order is a procedural step concerning the filing fee; it does not resolve the merits of Marvin’s habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.