Parraga v. Jamison
- Laura Swain
- 1:23-cv-05783
- U.S. District Court · Southern District of New York
- 2
In Parraga v. Jamison, Judge Swain dismissed the habeas action without prejudice after Parraga neither paid the filing fee nor submitted an application to proceed without paying it.
Ramon Vega Parraga's action was dismissed without prejudice after he did not pay the filing fee or submit the required application. J.L. Jamison was the respondent. Parraga was also denied permission to appeal without prepaying fees.
What happened
Ramon Vega Parraga brought a habeas petition against J.L. Jamison. The court had ordered Parraga to either submit an application to proceed without paying the filing fee or pay the required $5 fee within 30 days.
Parraga did neither. The court therefore dismissed the action without prejudice, meaning the dismissal did not bar refiling. The court also directed the clerk to enter judgment.
Judge Laura Taylor Swain ruled that no certificate allowing an appeal would issue because the petition did not substantially show a constitutional violation. She also denied permission to appeal without paying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Parraga v. Jamison · No. 1:23-cv-05783
- Laura Swain
- Sept. 25, 2023
Background
Ramon Vega Parraga filed a petition for a writ of habeas corpus, a court request concerning a person's detention, against J.L. Jamison. The court previously ordered Parraga to submit a completed application to proceed without prepaying the filing fee or to pay the $5 filing fee within 30 days. The order warned that failing to comply would result in dismissal.
Ruling
Parraga did not submit the application or pay the fee. The court dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. The court also directed the clerk to enter judgment.
The court stated 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 further certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees under 28 U.S.C. § 1915(a)(3).
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.