Villar v. Jaimison
- Laura Swain
- 1:23-cv-05782
- U.S. District Court · Southern District of New York
- 4
In Villar v. Jaimison, Judge Swain ordered the petitioner to pay the $5 fee or submit an IFP application within 30 days.
Yonathan L. Villar must either pay the $5 filing fee or submit the required IFP application within 30 days; otherwise, the action will be dismissed. J.L. Jaimison was not required to answer at this time.
What happened
Villar v. Jaimison began when Yonathan L. Villar filed a petition for a writ of habeas corpus without paying the filing fee or submitting an application to proceed without prepaying fees.
The court ordered Villar, within 30 days, either to pay the $5 filing fee or complete and submit the attached application. The court said no answer was required yet and warned that the action would be dismissed if Villar did not comply.
Judge Swain also certified that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Villar v. Jaimison · No. 1:23-cv-05782
- Laura Swain
- July 17, 2023
Background
Yonathan L. Villar, representing himself, filed a petition for a writ of habeas corpus. The opinion does not describe the claims or the underlying circumstances of the petition. Villar submitted the petition without the required $5 filing fee and without an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court directed Villar, within 30 days of the order, to do one of two things: pay the $5 filing fee or complete and submit the attached IFP application. The court explained that, if it grants the application, Villar may proceed without paying fees in advance. The application was to identify docket number 23-CV-5782 (LTS).
The court stated that no answer from J.L. Jaimison was required at that time. If Villar complied, the case would be processed under the Clerk’s Office procedures. If Villar failed to comply within the allowed time, the action would be dismissed.
Appeal and disposition
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied IFP status for purposes of an appeal. This order addressed the filing-fee and payment requirement; it did not decide the merits of Villar’s petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.