Vazquez-Diaz v. United States
- Vincent Briccetti
- 7:21-cv-06757
- U.S. District Court · Southern District of New York
- 2
In Vazquez-Diaz v. United States, Judge Swain ordered Luis A. Vazquez-Diaz to pay the filing fee or submit an IFP application.
Luis A. Vazquez-Diaz, who was required to pay the $5 filing fee or submit a signed IFP application within 30 days; the United States was not required to answer at that time.
What happened
In Vazquez-Diaz v. United States, Luis A. Vazquez-Diaz filed a petition seeking relief in a habeas case but did not pay the $5 filing fee or submit an application to proceed without paying it in advance.
The court gave him 30 days to pay the fee or submit a signed application. The court said no response from the United States was required at that time and warned that the case would be dismissed if he did not comply.
Judge Laura Taylor Swain ordered the Clerk of Court to mail the order to Vazquez-Diaz. She also denied permission to proceed without paying fees for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Vazquez-Diaz v. United States · No. 7:21-cv-06757
- Vincent Briccetti
- Aug. 11, 2021
Background
Luis A. Vazquez-Diaz, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion states that he submitted the petition without paying the required $5 filing fee and without submitting an application to proceed in forma pauperis (IFP), meaning without prepaying court fees.
Order
The court ordered Vazquez-Diaz, within 30 days, either to pay the $5 filing fee or to complete and submit the attached signed IFP application. If the court grants the IFP application, he may proceed without prepaying fees. The application was to identify docket number 21-CV-6757 (LTS).
The court stated that no answer from the United States was required at that time. If Vazquez-Diaz complied, the case would be processed under the Clerk’s Office procedures. If he did not comply within the allowed time, the action would be dismissed.
Other Rulings
The court directed the Clerk of Court to mail Vazquez-Diaz a copy of the order and record service on the docket. Under 28 U.S.C. § 1915(a)(3), the court certified that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.
Disposition
The court ordered payment of the filing fee or submission of an IFP application. It did not decide the habeas petition’s underlying claims in this order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.