Jonathan v. Stone
- Laura Swain
- 1:23-cv-01007
- U.S. District Court · Southern District of New York
- 2
In Jonathan v. Stone, Judge Swain ordered the petitioner to pay a $5 fee or seek a fee waiver, or face dismissal.
The order affects Salas Ulloa Jonathan, who must either pay the $5 filing fee or submit a signed fee-waiver application within 30 days to avoid dismissal of the action.
What happened
Jonathan v. Stone involves a petition filed by Salas Ulloa Jonathan against Stacy N. Stone, Warden. The court identified Jonathan as representing himself.
Jonathan submitted the petition without the required $5 filing fee or a signed application to proceed without paying the fee upfront. The case had been transferred from the U.S. District Court for the Southern District of Georgia to the Southern District of New York.
Judge Laura Taylor Swain ordered Jonathan, within 30 days, to pay the fee or submit the application. The court said no response was required yet and warned that the action would be dismissed if he did not comply. It also denied permission to proceed without paying fees for an appeal from this order.
The detailed version
- Jonathan v. Stone · No. 1:23-cv-01007
- Laura Swain
- Feb. 17, 2023
Background
Salas Ulloa Jonathan filed a petition for a writ of habeas corpus against Stacy N. Stone, Warden. Jonathan was proceeding without a lawyer. The case was originally filed in the U.S. District Court for the Southern District of Georgia and was transferred to the Southern District of New York by order dated January 25, 2023.
Filing-fee requirement
The court explained that a habeas petitioner must either pay the $5 filing fee or submit a signed application to proceed in forma pauperis, meaning without prepaying the court's fees. Jonathan submitted the petition without either the filing fee or the application.
Order
The court ordered Jonathan to pay the $5 filing fee or complete and submit the attached fee-waiver application within 30 days of the order. If the court grants the application, Jonathan may proceed without prepaying the fees. The court stated that no answer was required at that time and that the case would be processed under the Clerk's Office procedures if Jonathan complied. If he did not comply within the allowed time, the action would be dismissed.
The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not decide the substance of Jonathan's habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.