Miguel v. Jamison
- Laura Swain
- 1:23-cv-01360
- U.S. District Court · Southern District of New York
- 4
In Miguel v. Jamison, Judge Swain ordered Rogel Anchundia Miguel to pay the fee or submit an IFP application within 30 days.
Rogel Anchundia Miguel must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days; otherwise, the action will be dismissed. J.L. Jamison was not required to answer at this stage.
What happened
Rogel Anchundia Miguel filed a habeas petition in Miguel v. Jamison without paying the $5 filing fee or submitting an application to proceed without prepaying fees. The opinion does not address the petition’s underlying claims.
The court gave Miguel 30 days from February 27, 2023, to pay the fee or submit a signed application. If he submits the application and it is granted, he may proceed without paying the fee in advance. No response from J.L. Jamison was required at that time.
Judge Laura Taylor Swain ordered that the case proceed under the Clerk’s Office procedures if Miguel complies, but stated that the action will be dismissed if he does not. Judge Swain also denied permission to proceed without prepaying fees for any appeal from the order.
The detailed version
- Miguel v. Jamison · No. 1:23-cv-01360
- Laura Swain
- Feb. 27, 2023
Background
Rogel Anchundia Miguel, who was representing himself, filed a petition for a writ of habeas corpus. A habeas petition asks a court to address the legality of a person’s detention or custody. The opinion does not describe the substance of Miguel’s claims. He submitted the petition without the required $5 filing fee and without an application to proceed without prepaying fees, also called an IFP application.
Order
The court ordered Miguel, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached signed IFP application. If the court grants the application, Miguel may proceed without paying the fee in advance. The application must identify docket number 23-CV-1360 (LTS). The court stated that no answer from J.L. Jamison was required at that time.
Effect of Noncompliance
If Miguel complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allotted time, the action will be dismissed. The order itself does not decide the habeas petition’s merits.
Appeal
The court certified that any appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal. Judge Laura Taylor Swain signed the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.