Molina-Molina v. Jamison
- Katherine Failla
- 1:23-cv-07523
- U.S. District Court · Southern District of New York
- 4
In Molina-Molina v. Jamison, Judge Swain ordered Jorge Andres Molina-Molina to pay $5 or seek a fee waiver within 30 days.
Jorge Andres Molina-Molina must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days; otherwise, the action will be dismissed. J.L. Jamison was not required to answer at this stage.
What happened
In Molina-Molina v. Jamison, Jorge Andres Molina-Molina filed a petition for a writ of habeas corpus without paying the required filing fee or submitting an application to proceed without prepaying fees. He was representing himself.
The court ordered him, within 30 days, to pay the $5 filing fee or submit a signed application showing that he cannot pay. No response from J.L. Jamison was required at that time. The court said the case would be processed if Molina-Molina 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
- Molina-Molina v. Jamison · No. 1:23-cv-07523
- Katherine Failla
- Aug. 29, 2023
Background
Jorge Andres Molina-Molina, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not decide the substance of that petition. It states that a petitioner must either pay the $5 filing fee or request permission to proceed without prepaying fees by submitting a signed application.
Order
Molina-Molina submitted the petition without the filing fee and without an application to proceed without prepaying fees. The court ordered him to do one of the following within 30 days of the order: pay the $5 filing fee or complete and submit the attached application. If the court grants the application, he may proceed without prepaying the fees.
The court stated that no answer from J.L. Jamison was required at that time. If Molina-Molina complies with the order, the Clerk’s Office will process the case under its procedures. If he does not comply within the permitted time, the action will be dismissed.
Appeal and Disposition
The court certified that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order was signed by Chief United States District Judge Laura Taylor Swain.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.