Rodriguez-Morales v. Jaimison
- Paul Engelmayer
- 1:23-cv-07956
- U.S. District Court · Southern District of New York
- 4
In Rodriguez-Morales v. Jaimison, Judge Swain ordered payment of $5 or an IFP application within 30 days, or the action will be dismissed.
Juan Rodriguez-Morales, who 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.
What happened
In Rodriguez-Morales v. Jaimison, the petitioner filed a petition asking for habeas relief without paying the required filing fee or submitting an application to proceed without prepaying fees.
The court ordered the petitioner, within 30 days, either to pay the $5 filing fee or submit a signed application showing an inability to pay. No response from the respondent was required at this time. The court stated that the action will be dismissed if the petitioner does not comply.
Judge Laura Taylor Swain also certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
The detailed version
- Rodriguez-Morales v. Jaimison · No. 1:23-cv-07956
- Paul Engelmayer
- Sept. 13, 2023
Background
Juan Rodriguez-Morales, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion states that a person filing such a petition must either pay a $5 filing fee or request permission to proceed without prepaying fees by submitting a signed application. Rodriguez-Morales submitted the petition without either the fee or an application.
Court’s Order
The court ordered Rodriguez-Morales to do one of two things within 30 days of the order’s date: pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. The application was to identify docket number 23-CV-7956. If the court grants the application, Rodriguez-Morales may proceed without prepaying fees. The court did not require an answer from the respondent at that time and stated that the case would be processed under the Clerk’s Office procedures if Rodriguez-Morales complied. If he did not comply within the allowed time, the action would be dismissed.
Appeal Certification
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court therefore denied permission to proceed without prepaying fees for an appeal. This order 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.