Alfredo v. Jaimison
- Laura Swain
- 1:23-cv-08166
- U.S. District Court · Southern District of New York
- 4
In Alfredo v. Jaimison, Judge Swain ordered the pro se petitioner to pay the fee or submit an IFP application within 30 days.
Ruizesparza Navarrette Alfredo must pay the $5 filing fee or submit a signed IFP application within 30 days; Warden J.L. Jaimison was not required to answer at that time.
What happened
In Ruizesparza Navarrette Alfredo v. Warden J.L. Jaimison, the petitioner filed a habeas petition without paying the $5 filing fee or submitting an application to proceed without prepaying fees.
The court ordered the petitioner, within 30 days, to either pay the fee or submit a signed application. No response from the respondent was required at that time, and the court said the case would be processed if the petitioner complied. If the petitioner did not comply, the action would be dismissed.
Judge Laura Taylor Swain also denied permission to proceed without prepaying fees for an appeal, finding that an appeal would not be taken in good faith. The order did not decide the habeas petition’s underlying claims.
The detailed version
- Alfredo v. Jaimison · No. 1:23-cv-08166
- Laura Swain
- Sept. 15, 2023
Background
Ruizesparza Navarrette Alfredo, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The petition was submitted without the required $5 filing fee and without an application to proceed without prepaying fees, commonly called an IFP application.
Order
The court directed the petitioner to take one of two steps within 30 days of the order: pay the $5 filing fee or complete and submit the attached signed IFP application. The application had to include docket number 23-CV-8166 (LTS). If the court granted the application, the petitioner could proceed without paying the fee in advance.
The court stated that no answer from Warden J.L. Jaimison was required at that time. If the petitioner complied, the case would be processed under the Clerk’s Office procedures. If the petitioner failed to comply within the allowed time, the action would be dismissed.
Appeal and disposition
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The order directed payment of the filing fee or submission of an IFP application; it 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.