Lemus-Morales v. Olajda
- Laura Swain
- 1:22-cv-01050
- U.S. District Court · Southern District of New York
- 2
In Lemus-Morales v. Olajda, Chief Judge Swain ordered payment or an application to proceed without prepaying fees.
Petitioner Vincent Lemus-Morales, who must either pay the filing fee or submit an application to proceed without prepaying fees to avoid dismissal of the action.
What happened
Vincent Lemus-Morales filed a petition for a writ of habeas corpus without a lawyer, but did not submit the required $5 filing fee or an application to proceed without prepaying fees.
The court gave him 30 days to either pay the fee or complete, sign, and submit the attached application. If he submits the application and the court approves it, he may proceed without prepaying the fee; if he does not comply, the action will be dismissed. No response from the respondents was required at that time.
Chief Judge Laura Taylor Swain also denied permission to proceed without prepaying fees for an appeal from this order, certifying that such an appeal would not be taken in good faith.
The detailed version
- Lemus-Morales v. Olajda · No. 1:22-cv-01050
- Laura Swain
- Feb. 8, 2022
Background
Vincent Lemus-Morales, proceeding without a lawyer, filed a petition for a writ of habeas corpus against BOP Officer Olajda, Officer Makanya, and the Department of Justice. The opinion states that he submitted the petition without either the $5.00 filing fee or an application to proceed without prepaying fees.
Court’s Order
The court directed Lemus-Morales, within 30 days of the order, to do one of two things: pay the $5.00 filing fee, or complete, sign, and submit the attached application to proceed without prepaying fees. The application was to identify docket number 22-CV-1050 (LTS). If the court grants the application, Lemus-Morales may proceed without prepaying the filing fee. If he fails to comply within the allowed time, the action will be dismissed.
The court stated that no answer from the respondents was required at that time and directed the Clerk of Court to mail the order to Lemus-Morales and record service on the docket. The court also certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. Chief Judge Laura Taylor Swain signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.