Velazqez v. Miller
- Laura Swain
- 1:22-cv-06843
- U.S. District Court · Southern District of New York
- 1
In Velazqez v. Miller, Judge Swain dismissed the petition without prejudice after Velazqez neither paid the $5 filing fee nor filed the required fee-waiver application.
Velazqez's petition was dismissed without prejudice because he did not pay the required filing fee or submit the required application to proceed without paying it. The court also denied permission to appeal without paying fees.
What happened
In Velazqez v. Miller, the court had ordered Velazqez to file an application to proceed without paying the filing fee or to pay the $5 fee required for a habeas petition. The order gave him thirty days to comply.
Velazqez did neither. The court therefore dismissed the petition without prejudice, meaning the dismissal did not bar refiling. The court also said that any appeal would not be taken in good faith and denied permission to appeal without paying fees.
Judge Laura Taylor Swain issued the order and directed the Clerk of Court to enter judgment.
The detailed version
- Velazqez v. Miller · No. 1:22-cv-06843
- Laura Swain
- Oct. 17, 2022
Background
Velazqez filed a petition identified by the court as a habeas corpus petition. On August 16, 2022, the court directed him either to submit a completed application to proceed without paying the filing fee or to pay the $5 fee required to file the petition. The court gave him thirty days and warned that failure to comply would result in dismissal.
Court’s ruling
Velazqez did not file the application and did not pay the fee. The court therefore dismissed the petition without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying the required fees. The Clerk of Court was directed to issue judgment.
Disposition
The petition was dismissed without prejudice. The order did not decide the underlying issues raised by the petition.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.