Natanael v. Jamison
- Laura Swain
- 1:23-cv-01247
- U.S. District Court · Southern District of New York
- 4
In Natanael v. Jamison, Judge Swain ordered the petitioner to pay the fee or request a fee waiver within 30 days.
Salas Ulloa Jonathan Natanael must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days. J.L. Jamison was not required to answer at that time.
What happened
In Natanael v. Jamison, Salas Ulloa Jonathan Natanael filed a petition in federal court but did not pay the required filing fee or submit a fee-waiver application.
The court gave him 30 days to pay the $5 filing fee or submit a signed application to proceed without paying fees. No response from J.L. Jamison was required at that time, and the court said the action would be dismissed if Natanael did not comply.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied fee-waiver status for an appeal. The order did not decide the petition’s underlying claim.
The detailed version
- Natanael v. Jamison · No. 1:23-cv-01247
- Laura Swain
- Feb. 15, 2023
Background
Salas Ulloa Jonathan Natanael, who was proceeding without a lawyer, filed a petition for a writ of habeas corpus, a legal procedure for seeking federal court relief concerning custody or detention. The opinion does not describe the petition’s underlying claim. Natanael submitted the petition without paying the required $5 filing fee and without submitting an application to proceed without prepaying fees, commonly called an IFP application.
Court’s Order
The court directed Natanael, within 30 days of the order’s date, to either pay the $5 filing fee or complete and submit the attached IFP application. The court explained that, if it granted the application, Natanael could proceed without paying the fee in advance. The application was required to identify docket number 23-CV-1247 (LTS).
The court stated that no answer from J.L. Jamison was required at that time. If Natanael 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 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 directed payment of the fee or submission of an IFP application; it did not rule on the merits of Natanael’s habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.