Quinones v. Lee
- Vincent Briccetti
- 7:20-cv-04621
- U.S. District Court · Southern District of New York
- 2
In Quinones v. Lee, Judge McMahon dismissed Ricardo Quinones’s petition without prejudice after he neither paid the fee nor submitted a fee-waiver application.
Ricardo Quinones’s petition was dismissed without prejudice because he did not pay the filing fee or submit the required fee-waiver application. His request to appeal without paying fees was also denied, and no certificate of appealability will issue.
What happened
In Quinones v. Lee, Ricardo Quinones filed a petition in the Southern District of New York. The court ordered him to either submit an application to proceed without paying the filing fee or pay the required $5 fee within 30 days.
Quinones did neither. The court therefore dismissed the petition without prejudice under federal filing-fee laws.
Chief Judge Colleen McMahon also ruled that a certificate allowing an appeal would not issue, and denied permission to appeal without paying fees because the appeal would not be taken in good faith.
The detailed version
- Quinones v. Lee · No. 7:20-cv-04621
- Vincent Briccetti
- Sept. 1, 2020
Background
Ricardo Quinones filed a petition seeking relief in federal court. The court’s July 2, 2020 order required him, within 30 days, either to submit an application to proceed without paying the filing fee or to pay the $5 filing fee required for the petition.
Reason for dismissal
Quinones did not submit the fee-waiver application and did not pay the filing fee. The court therefore dismissed the petition without prejudice under 28 U.S.C. §§ 1914 and 1915. “Without prejudice” means the dismissal did not bar a later filing based on the same matter.
Appeal-related rulings
The court stated that Quinones had not made a substantial showing that a constitutional right was denied, so it would not issue a certificate of appealability. A certificate of appealability is permission required for certain appeals from this type of petition. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying the appellate filing fees.
Disposition
Chief Judge Colleen McMahon dismissed the petition without prejudice. She also declined to issue a certificate of appealability and denied permission to proceed without paying fees for an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.