Villar v. Jaimison
- Laura Swain
- 1:23-cv-05782
- U.S. District Court · Southern District of New York
- 2
Villar v. Jaimison: Judge Swain dismissed the action without prejudice because Villar neither paid the filing fee nor requested a fee waiver.
Yonathan L. Villar’s petition was dismissed without prejudice for failing to submit the required fee-waiver application or pay the $5 filing fee.
What happened
In Villar v. Jaimison, the court directed Yonathan L. Villar to either submit a completed request to proceed without paying the filing fee or pay the required $5 fee for his petition.
The court’s order gave Villar 30 days to comply and warned that the action would be dismissed if he did not. Villar did neither.
Judge Swain dismissed the action without prejudice, directed the clerk to enter judgment, declined to issue a certificate allowing an appeal, and denied fee-waiver status for any appeal.
The detailed version
- Villar v. Jaimison · No. 1:23-cv-05782
- Laura Swain
- Sept. 25, 2023
Background
Yonathan L. Villar filed a petition for a writ of habeas corpus. On July 17, 2023, the court ordered Villar, within 30 days, either to submit a completed application to proceed without paying the filing fee or to pay the $5 filing fee required for the petition. The order warned that failing to comply would result in dismissal.
Villar did not submit the application or pay the fee.
Ruling
The court dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. A dismissal without prejudice does not bar refiling, although the opinion does not discuss any possible refiling requirements.
The court also determined that the petition did not make a substantial showing that a constitutional right had been denied, so it would not issue a certificate of appealability. It certified that any appeal would not be taken in good faith and denied permission to appeal without paying fees. The court directed the clerk to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.