Ahmed v. John/Jane Doe
- Laura Swain
- 1:23-cv-05756
- U.S. District Court · Southern District of New York
- 1
In Ahmed v. John/Jane Doe, Judge Swain dismissed the petition without prejudice because Ahmed neither paid the fee nor filed a fee-waiver request.
Amar Ahmed, whose petition was dismissed without prejudice for failing to pay the filing fee or submit the required application to proceed without paying it.
What happened
In Ahmed v. John/Jane Doe, the court had ordered Amar Ahmed to pay the $5 filing fee for his petition or submit a request to proceed without paying it. The court gave him thirty days to comply.
Ahmed did neither. The order therefore dismissed his petition without prejudice, meaning the dismissal did not bar refiling. The order does not address whether the petition’s underlying claims had merit.
Judge Laura Taylor Swain also ruled that an appeal would not be taken in good faith and denied Ahmed permission to appeal without paying the fee. The clerk was directed to enter judgment.
The detailed version
- Ahmed v. John/Jane Doe · No. 1:23-cv-05756
- Laura Swain
- Aug. 9, 2023
Background
Amar Ahmed filed a petition for a writ of habeas corpus. On July 6, 2023, the court ordered Ahmed, within thirty days, either to submit a completed application to proceed without paying the filing fee or to pay the $5 fee required to file the petition. The order warned that failing to comply would result in dismissal.
Ruling
The court found that Ahmed had not submitted the application or paid the fee. Judge Laura Taylor Swain therefore dismissed the petition without prejudice. This disposition was based on Ahmed’s failure to satisfy the filing requirement; the order does not decide the merits of the petition.
Appeal and Case Status
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying the filing 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.