Mojica v. Federal Bureau of Prisons
- Laura Swain
- 1:22-cv-05526
- U.S. District Court · Southern District of New York
- 2
In Mojica v. Federal Bureau of Prisons, Judge Swain ordered payment of the filing fee or submission of an IFP application within 30 days.
The order primarily affects petitioner Jesus Mojica by requiring him to pay the filing fee or submit an IFP application within 30 days; the respondents were not required to answer at that time.
What happened
In Mojica v. Federal Bureau of Prisons, Jesus Mojica filed a petition asking for habeas relief without paying the $5 filing fee or submitting an application to proceed without prepaying court fees.
The court ordered Mojica to pay the fee or submit a signed application within 30 days. No response from the Federal Bureau of Prisons was required at that time, and the court said the action would be dismissed if Mojica did not comply.
Judge Laura Taylor Swain also denied permission to proceed without prepaying fees for any appeal from this order, finding that an appeal would not be taken in good faith.
The detailed version
- Mojica v. Federal Bureau of Prisons · No. 1:22-cv-05526
- Laura Swain
- June 30, 2022
Background
Jesus Mojica, who was representing himself, filed a petition for a writ of habeas corpus. The petition was submitted without the required $5 filing fee and without an application to proceed in forma pauperis (without prepaying court fees), called an IFP application.
Order
The court ordered Mojica, within 30 days of the order, either to pay the $5 filing fee or complete and submit a signed IFP application labeled with the case's docket number. If the court grants the IFP application, Mojica may proceed without prepaying fees.
The court stated that no answer from the respondents was required at that time. If Mojica complies, the case will be processed under the Clerk's Office procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal
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. The order did not decide the merits of Mojica's habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.