Walker v. Kim
- Valerie Caproni
- 1:18-cv-04090
- U.S. District Court · Southern District of New York
- 2
In Walker v. Kim, Judge Caproni adopted the recommendation, granted defendants’ motion to dismiss, denied appeal fee relief, and closed the case.
Kevin Walker’s case was closed after the defendants’ motion to dismiss was granted; permission to appeal without paying filing fees was also denied.
What happened
Walker v. Kim ended after the court adopted in full a report and recommendation concerning the defendants’ motion to dismiss. The judgment does not state the underlying claims or the reasons for recommending dismissal.
The court said Kevin Walker did not file adequate and specific objections after receiving sufficient warning. It therefore stated that appellate review was precluded, denied permission to appeal without paying filing fees, and closed the case.
Judge Valerie Caproni adopted the report and recommendation, granted the defendants’ motion to dismiss, certified that an appeal would not be taken in good faith, denied permission to proceed without paying fees on appeal, and closed the case.
The detailed version
- Walker v. Kim · No. 1:18-cv-04090
- Valerie Caproni
- Dec. 3, 2020
Background
The judgment names Kevin Walker as the plaintiff and Joon Kim and other listed individuals as defendants. It refers to the court’s order dated December 3, 2020, and to a report and recommendation, or R&R. The judgment itself does not describe Walker’s claims or the reasons supporting the recommendation.
Ruling
The court adopted the R&R in full and granted the defendants’ motion to dismiss. The court stated that the R&R gave the parties adequate warning and that Walker’s failure to file adequate and specific objections precluded appellate review of the decision.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It denied permission to proceed without paying filing fees for an appeal and ordered that the case be closed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.