Reyes v. Jamison
- Vernon Broderick
- 1:23-cv-05241
- U.S. District Court · Southern District of New York
- 4
In Reyes v. J.L. Jaimison, Judge Swain ordered Miguel Reyes to pay the filing fee or submit an IFP application within 30 days.
Miguel Reyes, who must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days; the action may be dismissed if he does not comply.
What happened
In Reyes v. J.L. Jaimison, Miguel Reyes filed a habeas petition without paying the required $5 filing fee or submitting an application to proceed without prepaying fees.
The court ordered Reyes, within 30 days, to pay the fee or submit a signed application asking to proceed without prepaying fees. No response from the respondent was required at that time.
Judge Laura Taylor Swain warned that the action would be dismissed if Reyes did not comply. She also denied permission to proceed without prepaying fees on appeal, ruling that any appeal would not be taken in good faith.
The detailed version
- Reyes v. Jamison · No. 1:23-cv-05241
- Vernon Broderick
- June 22, 2023
Background
Miguel Reyes, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion states that he submitted the petition without the required $5 filing fee and without an application to proceed without prepaying fees.
Order
The court ordered Reyes to do one of two things within 30 days of the order: pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. The application had to include docket number 23-CV-5241 (LTS). The court explained that, if it granted the application, Reyes could proceed without paying fees in advance.
The court stated that no answer from the respondent was required at that time. If Reyes complied, the case would be processed under the procedures of the Clerk’s Office. If he failed to comply within the allowed time, the action would be dismissed.
Appeal and disposition
Chief United States District Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. This order addressed filing-fee requirements and did not decide the underlying habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.