Hilda Cecilia Villegas ex rel. Lisual Armando Guzman Andujar v. Francis

Background

Hilda Cecilia Villegas, acting as the “next friend”—a person seeking to litigate for another petitioner—filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on behalf of Lisual Armando Guzman Andujar. The opinion does not describe the petition’s underlying detention-related claims.

Filing Fee or Fee-Waiver Application

The court explained that a next friend filing a habeas petition must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees. The petition was submitted without either the fee or the application.

The court ordered the petitioner’s next friend, within 30 days of the order, to pay the $5 fee or complete and submit the attached application. The order gives instructions for payment by mail or in person and directs that any application identify the docket number. It also states that failure to comply within the allowed time will result in dismissal of the action without prejudice, meaning the dismissal does not bar refiling.

Appeal

Under 28 U.S.C. § 1915(a)(3), the court certified that an appeal from this order would not be taken in good faith and denied fee-waiver status for an appeal.

Disposition

Judge Jennifer L. Rochon issued an order directing payment of the filing fee or submission of a fee-waiver application. The order did not reach the merits of the petition.