Trinidad v. Jamison
- Laura Swain
- 1:23-cv-04232
- U.S. District Court · Southern District of New York
- 4
In Trinidad v. Jaimison, Judge Swain ordered pro se petitioner Pedro Trinidad to pay $5 or submit a fee-waiver application within 30 days.
Pedro Trinidad, who must either pay the $5.00 filing fee or submit a signed application to proceed without prepaying fees within 30 days to avoid dismissal of the action.
What happened
In Trinidad v. J.L. JAIMISON, Warden, Pedro Trinidad filed a petition for a court order concerning his custody without paying the required filing fee or submitting an application to proceed without paying it upfront. He was representing himself.
The court ordered Trinidad, within 30 days, either to pay the $5 filing fee or submit a signed application showing that he cannot afford the fee. No response from the respondent was required at that time. The court stated that the case would be processed if Trinidad complied and would be dismissed if he did not.
Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Trinidad v. Jamison · No. 1:23-cv-04232
- Laura Swain
- May 23, 2023
Background
Pedro Trinidad, proceeding without a lawyer, filed a petition for a writ of habeas corpus, a court proceeding seeking relief concerning custody or detention. He submitted the petition without the required $5.00 filing fee and without an application to proceed without prepaying fees.
Order
The court directed Trinidad to take one of two actions within 30 days of the order: pay the $5.00 filing fee or complete and submit the attached application to proceed without prepaying fees. The application had to be signed and labeled with docket number 23-CV-4232 (LTS). If the court granted the application, Trinidad could proceed without paying the fee upfront.
The court stated that no answer from the respondent was required at that time. If Trinidad complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the allowed time, the action would be dismissed.
Appeal-Fee Ruling
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to appeal without prepaying fees. 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.