Antonio v. Jaimison
- Laura Swain
- 1:23-cv-08230
- U.S. District Court · Southern District of New York
- 4
In Antonio v. Jaimison, Judge Swain ordered petitioner to pay $5 or submit a fee-waiver application within 30 days.
Zaldiva Antonio 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 Antonio v. Jaimison, Zaldiva Antonio filed a petition asking for a court order concerning her custody. She did not pay the required $5 filing fee or submit an application to proceed without prepaying court fees.
The court gave Antonio 30 days to pay the fee or submit a signed fee-waiver application. The court said no response from the warden was required at that time and warned that the action would be dismissed if Antonio did not comply.
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 order did not decide the substance of Antonio’s petition.
The detailed version
- Antonio v. Jaimison · No. 1:23-cv-08230
- Laura Swain
- Sept. 20, 2023
Background
Zaldiva Antonio, who was representing herself, filed a petition for a writ of habeas corpus. The opinion does not describe the substance of the petition or the relief requested. Antonio submitted the petition without paying the $5 filing fee and without submitting an application to proceed without prepaying fees.
Order
The court ordered Antonio, within 30 days of September 20, 2023, to either pay the $5 filing fee or complete and submit the attached signed fee-waiver application. The application was to identify docket number 23-CV-8230 (LTS). The court explained that, if it granted the application, Antonio could proceed without paying the filing fee in advance.
The court stated that no answer from the respondent was required at that time. If Antonio complied, the case would be processed under the Clerk’s Office procedures. If she failed to comply within the permitted time, the action would be dismissed.
Appeal and disposition
Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. This order addressed the filing-fee requirement and did not reach the merits of Antonio’s habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.