Natanael v. Jamison
- Laura Swain
- 1:23-cv-01247
- U.S. District Court · Southern District of New York
- 1
Natanael v. Jamison: Judge Swain dismissed the petition without prejudice because Natanael neither paid the filing fee nor requested a waiver.
The dismissal directly affected Salas Ulloa Jonathan Natanael's petition; it was dismissed without prejudice because he did not pay the filing fee or submit the required request to proceed without paying it.
What happened
In Natanael v. Jamison, the court required Salas Ulloa Jonathan Natanael to pay the $5 filing fee for his petition or submit a completed request to proceed without paying it.
The court had given Natanael 30 days to comply and warned that the petition would be dismissed if he did not. He did not pay the fee or submit the request.
The court dismissed the petition without prejudice, meaning it was not permanently barred from being filed again. Judge Laura Taylor Swain also denied permission to appeal without paying the appeal fee and directed the clerk to enter judgment.
The detailed version
- Natanael v. Jamison · No. 1:23-cv-01247
- Laura Swain
- Apr. 11, 2023
Background
Salas Ulloa Jonathan Natanael filed a petition for a writ of habeas corpus. On February 15, 2023, the court ordered him to either pay the $5 filing fee or submit a completed application to proceed in forma pauperis, which means asking to proceed without paying the fee. The order gave him 30 days and warned that failing to comply would result in dismissal.
Ruling
Natanael did not submit the application or pay the fee. Judge Laura Taylor Swain therefore dismissed the petition without prejudice. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying the appeal fee. The clerk was directed to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.