Vargas v. Warden
- Edgardo Ramos
- 1:23-cv-09348
- U.S. District Court · Southern District of New York
- 4
In Jesus Vargas v. Warden, Judge Swain ordered Vargas to pay the filing fee or submit an application to proceed without prepayment.
Jesus Vargas must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days, or the action will be dismissed. The opinion does not address the merits of his habeas petition.
What happened
Jesus Vargas v. Warden concerns Vargas’s petition asking the court for habeas relief. He submitted the petition without paying the required filing fee or providing an application to proceed without prepaying fees.
The court gave Vargas 30 days from October 25, 2023, to pay the $5 filing fee or submit a signed application. No summons would be issued at that time, and the case would be processed if he complied; otherwise, the action would be dismissed.
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 detailed version
- Vargas v. Warden · No. 1:23-cv-09348
- Edgardo Ramos
- Oct. 25, 2023
Background
Jesus Vargas, proceeding without a lawyer, filed a petition for a writ of habeas corpus, meaning a request for court relief concerning a person’s detention or custody. The opinion does not decide the substance of that petition. Vargas submitted it without the required $5 filing fee and without an application to proceed without prepaying fees.
Order
The court ordered Vargas, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached signed application to proceed without prepaying fees. If the court grants the application, Vargas may proceed without paying the fee in advance. The application was to identify docket number 23-CV-9348 (LTS).
The court directed that no summons be issued at that time. If Vargas complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the permitted time, the action will be dismissed.
Appeal and disposition
The court certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order was signed by Chief United States District Judge Laura Taylor Swain.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.