Walker v. Wolcott
- Colleen McMahon
- 1:20-cv-07812
- U.S. District Court · Southern District of New York
- 2
In Walker v. Wolcott, Judge McMahon ordered Walker to pay the filing fee or submit an application to proceed without prepayment.
Moustapha Walker must either pay the $5.00 filing fee or submit a signed application to proceed without prepaying fees within 30 days; failure to comply will result in dismissal of the action. Julie Wolcott is not required to answer at this time.
What happened
Walker v. Wolcott is a habeas case filed by Moustapha Walker without the $5 filing fee or an application to proceed without prepaying fees.
The court gave Walker 30 days to pay the fee or submit a signed application. If he does not comply, the action will be dismissed; no response from the respondent is required at this time.
Judge Colleen McMahon also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Walker v. Wolcott · No. 1:20-cv-07812
- Colleen McMahon
- Sept. 23, 2020
Background
Moustapha Walker, representing himself, filed a petition asking for a court order concerning his custody. He did not submit the required $5.00 filing fee or an application to proceed without prepaying court fees.
Order
The court ordered Walker, within 30 days of the order, to either pay the $5.00 filing fee or complete and submit the attached application to proceed without prepayment of fees. If the court grants the application, Walker may proceed without paying the fee in advance. The application must identify docket number 20-CV-7812 (CM).
The Clerk of Court was directed to mail Walker a copy of the order and record service on the docket. The court stated that no answer from Julie Wolcott was required at that time. If Walker complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal and disposition
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Colleen McMahon did not decide the merits of Walker’s petition.
Practical effect
Walker must satisfy the payment or application requirement within the specified 30-day period for the case to continue processing. The order does not require Wolcott to file an answer at this stage.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.