Jenkins v. Warden
- Laura Swain
- 1:21-cv-10244
- U.S. District Court · Southern District of New York
- 1
In Jenkins v. Warden, Chief Judge Swain dismissed the detention petition without prejudice because Jenkins neither paid the fee nor filed a fee-waiver application.
Terrell Jenkins's petition was dismissed without prejudice. The court also denied fee-waiver status for an appeal.
What happened
In Jenkins v. Warden, Terrell Jenkins was required to either pay the $5 filing fee for his detention petition or submit an application to proceed without paying fees.
Jenkins did neither within the 30-day deadline set by the court. The court therefore dismissed the petition without prejudice, meaning it was not barred from being filed again on that basis.
Chief Judge Laura Taylor Swain also denied fee-waiver status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Jenkins v. Warden · No. 1:21-cv-10244
- Laura Swain
- Feb. 7, 2022
Background
Terrell Jenkins filed a petition for habeas corpus, a legal procedure challenging detention. On December 2, 2021, the court ordered Jenkins, within 30 days, either to submit a completed application to proceed without paying court fees or to pay the $5 filing fee required for the petition.
Ruling
Jenkins did not submit the fee-waiver application and did not pay the filing fee. The court therefore dismissed the habeas corpus petition without prejudice under 28 U.S.C. §§ 1914 and 1915. The dismissal was based on the failure to comply with the fee requirement; the order did not decide the underlying detention claims.
Appeal and case administration
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The Clerk of Court was directed to mail Jenkins a copy of the order and record service on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.