Jones v. Federal Reserve Legacy Treasury Direct

Background

Rafael A. Jones filed a petition under 28 U.S.C. § 2241, a federal procedure for challenging certain forms of custody or detention. The petition arose from Jones’s September 14, 2021 arrest and concerned his ongoing criminal proceedings. Jones represented himself and requested permission to proceed without paying filing fees.

In an earlier order in a prior related proceeding, No. 23-CV-8296 (S.D.N.Y.), the court barred Jones from filing future petitions challenging those criminal proceedings without first obtaining permission from the court. Jones had not requested that permission before filing this case.

Court’s Ruling

The court denied the petition and dismissed the action without prejudice because Jones failed to comply with the earlier filing restriction. A dismissal without prejudice does not itself bar a future filing, but the opinion states that Jones must comply with the earlier order’s permission requirement.

The court also ruled that a certificate of appealability would not issue because Jones had not made a substantial showing that a constitutional right was denied. It certified that an appeal would not be taken in good faith and denied permission to proceed without paying filing fees for purposes of an appeal. The clerk was directed to terminate all pending motions and enter judgment dismissing the action.

Classification

This is a procedural order. The court dismissed the petition for failure to comply with a prior filing restriction and did not decide the underlying issues arising from Jones’s arrest or criminal proceedings.