Bermudez v. Howard
- Philip Halpern
- 7:23-cv-10668
- U.S. District Court · Southern District of New York
- 2
In Bermudez v. Howard, Chief Judge Swain ordered Jason Bermudez to pay the filing fee or submit an application to proceed without prepayment.
Jason Bermudez, the self-represented petitioner, must pay the filing fee or submit an application to proceed without prepaying fees; the action may be dismissed if he does not comply. David Howard is the respondent.
What happened
Bermudez v. Howard concerns Jason Bermudez’s petition for a writ of habeas corpus, which he filed without paying the $5 filing fee or submitting an application to proceed without prepaying fees. The opinion states that Bermudez was representing himself.
The court gave Bermudez 30 days from December 14, 2023, to either pay the fee or submit a signed application. No summons would be issued at that time. The court warned that the action would be dismissed if he did not comply.
Chief Judge Laura Taylor Swain issued the order directing payment or an application. She also denied permission to proceed without prepaying fees for any appeal from the order, finding that such an appeal would not be taken in good faith.
The detailed version
- Bermudez v. Howard · No. 7:23-cv-10668
- Philip Halpern
- Dec. 14, 2023
Background
Jason Bermudez filed a petition for a writ of habeas corpus against David Howard. The opinion states that Bermudez was proceeding without a lawyer. He submitted the petition without paying the $5 filing fee and without submitting an application to proceed without prepaying fees.
Court’s Order
The court ordered Bermudez, within 30 days of the order, to do one of two things: pay the $5 filing fee, or complete and submit the attached application to proceed without prepaying fees. If the court grants that application, Bermudez may proceed without paying the filing fee in advance. The application should include docket number 23cv-CV-10668, as stated in the opinion.
The court directed that no summons be issued at that time. If Bermudez complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed period, the action will be dismissed.
Appeal
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. Chief Judge Laura Taylor Swain signed the order. The order did not decide the substance of Bermudez’s habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.