Grabowski v. Miller
- Laura Swain
- 1:24-cv-08888
- U.S. District Court · Southern District of New York
- 2
In Grabowski v. Miller, Judge Swain dismissed the habeas petition without prejudice because Grabowski neither paid the filing fee nor submitted a request to proceed without paying.
Stephanie Grabowski's habeas petition was dismissed without prejudice because she did not pay the $5 filing fee or submit the required application to proceed without paying it; the court also denied permission to appeal without paying the fee.
What happened
In Grabowski v. Miller, Stephanie Grabowski filed a petition asking for a court order concerning her detention. The court had ordered her to submit a completed request to proceed without paying the filing fee or to pay the required $5 fee within 30 days.
Grabowski did neither. The court therefore dismissed the petition without prejudice, meaning it was not permanently barred on that basis.
Judge Laura Taylor Swain also ruled that no certificate allowing an appeal would issue, denied permission to appeal without paying the fee, and directed the clerk to enter judgment.
The detailed version
- Grabowski v. Miller · No. 1:24-cv-08888
- Laura Swain
- Jan. 24, 2025
Background
Stephanie Grabowski filed a petition for a writ of habeas corpus, a request for judicial relief concerning detention, against Warden Miller and the NYC Department of Correction. In an order dated November 26, 2024, the court directed Grabowski, within 30 days, either to submit a completed application to proceed without paying the filing fee or to pay the $5 filing fee required for the petition.
Court’s ruling
The prior order warned that failing to comply would result in dismissal. Grabowski did not submit the application or pay the fee. The court therefore dismissed the petition without prejudice, using the court’s stated disposition. The order did not address the underlying habeas claim.
The court also ruled that no certificate of appealability would issue because the petition made no substantial showing that a constitutional right had been denied. It certified that any appeal would not be taken in good faith and denied permission to appeal without paying the fee. The court directed the clerk to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.