Velazqez v. Miller
- Laura Swain
- 1:22-cv-06843
- U.S. District Court · Southern District of New York
- 2
In Velazqez v. Miller, Judge Swain ordered Velazqez to pay the filing fee or submit a fee-waiver application within 30 days.
David Velazqez must pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days, or the action will be dismissed.
What happened
In Velazqez v. Miller, David Velazqez filed a petition without paying the required $5 filing fee or submitting an application to proceed without prepaying fees. The opinion states that he is representing himself.
The court gave Velazqez 30 days from August 16, 2022, to pay the fee or submit a signed fee-waiver application labeled with the case number. The court said that no response from Mark Miller was required at that time.
Judge Laura Taylor Swain ordered that the case would proceed through the Clerk’s Office if Velazqez complied, but would be dismissed if he did not. She also denied permission to appeal without prepaying fees for any appeal from this order.
The detailed version
- Velazqez v. Miller · No. 1:22-cv-06843
- Laura Swain
- Aug. 16, 2022
Background
David Velazqez filed a petition for a writ of habeas corpus against Mark Miller. The opinion states that Velazqez is proceeding without a lawyer. He submitted the petition without either the required $5 filing fee or an application to proceed without prepaying court fees.
Order
The court directed Velazqez, within 30 days of the order, to do one of two things: pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. If he submitted the application, it had to identify docket number 22-CV-6843 (LTS). The court explained that, if it granted the application, Velazqez could proceed without prepaying fees.
The court stated that Mark Miller did not have to file an answer at that time. If Velazqez complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the allowed time, the action would be dismissed.
Disposition
Judge Laura Taylor Swain ordered payment of the fee or submission of the fee-waiver application. The order did not decide the substance of Velazqez’s petition. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.