Urieta-Jaimes v. Jaimison
- Kenneth Karas
- 7:23-cv-08090
- U.S. District Court · Southern District of New York
- 4
In Urieta-Jaimes v. Jaimison, Judge Swain ordered the petitioner to pay the fee or submit a completed fee-waiver application.
Miguel Angel Urieta-Jaimes must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days. The case may be dismissed if he does not comply. The respondent and the case are otherwise not affected by a merits ruling in this order.
What happened
In Urieta-Jaimes v. Jaimison, Miguel Angel Urieta-Jaimes filed a petition asking for court review of his detention. He was representing himself and did not pay the required $5 filing fee or submit an application to proceed without paying court fees.
The court gave Urieta-Jaimes 30 days from September 14, 2023, to pay the fee or submit a signed application showing that he could not afford it. The court said no summons would be issued at that time and that the case would be processed if he complied.
Judge Laura Taylor Swain ordered the payment or application and stated that the case would be dismissed if Urieta-Jaimes did not comply within the deadline. She also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Urieta-Jaimes v. Jaimison · No. 7:23-cv-08090
- Kenneth Karas
- Sept. 14, 2023
Background
Miguel Angel Urieta-Jaimes, proceeding without a lawyer, filed a petition for a writ of habeas corpus against J.L. Jaimison, Warden. The opinion does not describe the underlying detention issue or the relief sought. The petition was filed without the required $5 filing fee and without an application to proceed without prepaying fees, commonly called an IFP application.
Court’s Order
The court ordered Urieta-Jaimes, within 30 days of the order, either to pay the $5 filing fee or complete and submit the attached signed IFP application. If the court grants the application, he may proceed without paying the fee in advance. The court directed that no summons be issued at that time and stated that the case would be processed through the Clerk’s Office if he complied. It stated that the action would be dismissed if he failed to comply within the allowed time.
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 and denied IFP status for purposes of an appeal. This order addressed filing requirements and did not decide the merits of the habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.