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 dismissed the petition without prejudice because Jonathan neither paid the $5 fee nor requested a fee waiver.
The dismissal affected Salas Ulloa Jonathan's habeas petition; it was without prejudice. Stacy N. Stone, identified as the warden, was the respondent.
What happened
In Jonathan v. Stone, the court had ordered Salas Ulloa Jonathan to either pay the $5 filing fee for his petition or submit an application to proceed without paying it upfront.
Jonathan did neither within the required thirty days. The court therefore dismissed the petition without prejudice, meaning the dismissal did not bar refiling.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied fee-waiver status for an appeal.
The detailed version
- Jonathan v. Stone · No. 1:23-cv-01007
- Laura Swain
- Apr. 21, 2023
Background
Salas Ulloa Jonathan filed a petition for a writ of habeas corpus. The court had previously ordered him, within thirty days, either to pay the required $5 filing fee or submit an application to proceed without prepaying the fee, commonly called an application to proceed in forma pauperis.
The opinion states that Jonathan did not submit the fee-waiver application and did not pay the filing fee. The action had originally been filed in the U.S. District Court for the Southern District of Georgia and was transferred to the Southern District of New York.
Ruling
The court dismissed the petition without prejudice under 28 U.S.C. §§ 1914 and 1915. The opinion also states that the court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore denied fee-waiver status for purposes of an appeal. The Clerk of Court was directed to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.