Vasquez v. McGuinness
- Laura Swain
- 1:23-cv-07501
- U.S. District Court · Southern District of New York
- 4
In Vasquez v. McGuinness, Judge Swain ordered Vasquez to pay the filing fee or submit an application to proceed without prepayment.
Luis Vasquez, the petitioner proceeding without a lawyer; the order also governs the further processing of his case against Superintendent McGuinness.
What happened
In Vasquez v. McGuinness, Luis Vasquez filed a petition asking the court to review his detention, but he did not pay the required filing fee or submit an application to proceed without prepaying fees.
The court gave Vasquez 30 days from August 30, 2023, to pay the $5 filing fee or complete and submit the provided application. The court said no response from Superintendent McGuinness was required at that time.
Judge Laura Taylor Swain ordered that the case would be processed if Vasquez complied and would be dismissed if he did not. She also denied permission to appeal without prepaying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Vasquez v. McGuinness · No. 1:23-cv-07501
- Laura Swain
- Aug. 30, 2023
Background
Luis Vasquez, proceeding without a lawyer, filed a petition for a writ of habeas corpus, a court petition seeking review of a person's detention. The opinion does not describe the underlying claims or the relief Vasquez sought. He submitted the petition without paying the $5 filing fee and without submitting an application to proceed without prepaying fees.
Fee requirement
The court explained that Vasquez had to take one of two steps within 30 days of the order: pay the $5 filing fee, or submit a signed application asking to proceed without prepaying fees. If the court granted that application, Vasquez could proceed without paying the fees in advance. The application was to identify docket number 23-CV-7501 (LTS).
Ruling and effect
The order directed Vasquez to pay the filing fee or submit the application. It did not require Superintendent McGuinness to file an answer at that time. The court stated that, if Vasquez 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. Judge Laura Taylor Swain also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the merits of Vasquez's petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.