Armendariz v. Jamison
- Kenneth Karas
- 1:23-cv-01359
- U.S. District Court · Southern District of New York
- 4
In Armendariz v. Jamison, Judge Swain ordered the petitioner to pay the filing fee or submit an application to proceed without prepaying fees.
Victor Hugo Bravo Armendariz was required to pay the $5 filing fee or submit an application to proceed without prepaying fees within 30 days; J.L. Jamison was not required to respond at that time.
What happened
In Armendariz v. Jamison, Victor Hugo Bravo Armendariz filed a petition for a writ of habeas corpus without paying the $5 filing fee or submitting an application to proceed without prepaying fees.
The court gave him 30 days to pay the fee or submit a signed application. The court said no response from the respondent was required at that time and warned that the case would be dismissed if he did not comply.
Judge Laura Taylor Swain issued the order on February 17, 2023. She also ruled that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Armendariz v. Jamison · No. 1:23-cv-01359
- Kenneth Karas
- Feb. 17, 2023
What the case was about
Victor Hugo Bravo Armendariz, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not decide the substance of that petition. It addresses only the filing fee and the procedure for requesting permission to proceed without prepaying fees.
The court’s order
The court explained that a petitioner must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees. Because Armendariz submitted neither, the court ordered him, within 30 days of the order, to do one of the following:
- pay the $5 filing fee; or - complete and submit the attached application to proceed without prepaying fees.
The court stated that, if the application were granted, Armendariz could proceed without prepaying fees. It also said that no response from J.L. Jamison was required at that time and that the case would be processed under the Clerk’s Office procedures if Armendariz complied. If he failed to comply within the allowed time, the action would be dismissed.
Appeal ruling
Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not rule on whether Armendariz was entitled to habeas relief.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.