Walker v. Wolcott

Background

Moustapha Walker, who was incarcerated at Orleans Correctional Facility, timely filed a petition under 28 U.S.C. § 2254 challenging his January 18, 2018 New York County judgment of conviction. In an earlier related proceeding, the respondent moved to dismiss that petition without prejudice, asserting that Walker had a motion pending in state court under New York Criminal Procedure Law § 440. Walker responded by challenging the motion and asking for judgment in his favor. His response also referred to relief under 28 U.S.C. § 2241.

Walker then filed this new petition in the Western District of New York, labeling it a petition under § 2241. That court transferred the matter to the Southern District of New York. After receiving it, the Clerk opened it as a new action, No. 21-CV-196.

Ruling

The court concluded that the petition should not have been opened as a new action. It construed the filing as a supplemental opposition—a later response adding to Walker’s opposition—to the respondent’s motion to dismiss in the earlier related proceeding. The court directed the Clerk to docket the petition in that proceeding and a copy of the order there, and to administratively close this action.

The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying filing fees for that appeal.

Effect

This order did not decide whether Walker’s conviction or his earlier petition was legally valid. It changed how the new filing would be handled and closed the separate case for administrative purposes. The opinion’s caption and supplied case name use “Wolcott,” while some body text refers to “Walcott.”