Bonilla v. Jane/John Doe
- Laura Swain
- 1:22-cv-02075
- U.S. District Court · Southern District of New York
- 1
In Bonilla v. Jane/John Doe, Judge Swain dismissed the habeas petition without prejudice because Bonilla neither paid the filing fee nor requested a waiver.
Danny J. Bonilla's § 2241 habeas petition was dismissed without prejudice because he did not pay the filing fee or submit the required application to proceed without paying it.
What happened
In Bonilla v. Jane/John Doe, Danny J. Bonilla filed a petition asking for relief from detention under federal habeas law.
The court had ordered Bonilla to submit a completed request to proceed without paying the filing fee or to pay the required fee within 30 days. Bonilla did neither.
Judge Swain dismissed the petition without prejudice. The court also said an appeal would not be taken in good faith and denied Bonilla permission to appeal without paying the fee.
The detailed version
- Bonilla v. Jane/John Doe · No. 1:22-cv-02075
- Laura Swain
- May 16, 2022
Background
Danny J. Bonilla filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. A writ of habeas corpus is a court procedure seeking relief from unlawful detention. The court's April 5, 2022 order required Bonilla, within 30 days, either to submit a completed application to proceed without paying the filing fee or to pay the fee required to file a civil action.
Court's ruling
Bonilla did not submit the application or 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 refiling. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying the filing fee. Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.