Bob v. DHS
- Colleen McMahon
- 1:19-cv-10422
- U.S. District Court · Southern District of New York
- 1
In Nata S. Bob v. DHS/ICE/INS, Judge McMahon dismissed the petition without prejudice after Bob neither paid the fee nor submitted a fee-waiver application.
Nata S. Bob’s petition was dismissed without prejudice because he neither submitted the required fee-waiver application nor paid the $5 filing fee. His request to proceed without paying fees on appeal was also denied.
What happened
Nata S. Bob filed a petition asking the court to review his detention. The court had directed him to submit an application to proceed without paying the filing fee or to pay the required $5 fee within 30 days.
Bob did neither. The opinion does not address the underlying issues in his petition.
Judge Colleen McMahon dismissed the petition without prejudice. She also denied Bob permission to proceed without paying fees for an appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Bob v. DHS · No. 1:19-cv-10422
- Colleen McMahon
- Jan. 10, 2020
Background
Nata S. Bob filed a petition for a writ of habeas corpus, a court petition challenging detention. In an order dated November 12, 2019, the court directed Bob, 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
Bob did not submit the application or pay the fee. The court therefore dismissed the petition without prejudice, meaning the dismissal did not bar refiling. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. The opinion did not reach the substance of Bob’s petition.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.