Torres v. People
- Laura Swain
- 1:23-cv-09380
- U.S. District Court · Southern District of New York
- 1
Torres v. People: Judge Swain dismissed the petition after Jesus Torres failed to file an amended petition.
Jesus Torres’s petition was dismissed, and his fee-free status was denied for purposes of an appeal. The court directed entry of judgment.
What happened
In Torres v. People, the court had previously dismissed Jesus Torres’s petition and gave him 30 days to file an amended petition. The January 2, 2024 order warned that failing to do so would lead to dismissal.
Torres did not file an amended petition or otherwise contact the court. The opinion does not provide the reasons for the January 2 dismissal.
The court dismissed the petition, directed the Clerk to enter judgment, and denied Torres’s fee-free status for an appeal after Judge Laura Taylor Swain certified that an appeal would not be taken in good faith.
The detailed version
- Torres v. People · No. 1:23-cv-09380
- Laura Swain
- Feb. 29, 2024
Background
The court stated that, in an order dated January 2, 2024, it dismissed Jesus Torres’s petition and directed him to file an amended petition within 30 days. That order warned that failing to comply would result in dismissal. The opinion does not include the reasons given in the January 2 order.
Failure to File an Amended Petition
Torres did not file an amended petition and did not otherwise communicate with the court. The petition had been filed without paying the filing fee under 28 U.S.C. § 1915(a)(1).
Ruling
The court dismissed the petition for the reasons stated in the January 2 order. It certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore denied fee-free status for purposes of an appeal. The Clerk of Court was directed to enter judgment. Judge Laura Taylor Swain signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.