Scales v. Walker
- Laura Swain
- 1:22-cv-06562
- U.S. District Court · Southern District of New York
- 2
In Scales v. Walker, Chief Judge Swain ordered Shawn Scales to pay the fee or submit an application to proceed without prepayment within 30 days, or face dismissal.
Shawn Scales, the self-represented petitioner, must either pay the $5 filing fee or submit an application to proceed without prepaying fees within 30 days to avoid dismissal of the action.
What happened
In Scales v. Walker, Shawn Scales filed a petition challenging his custody through a habeas case without paying the $5 filing fee or submitting an application to proceed without prepaying fees. He was representing himself.
The court gave Scales 30 days to pay the fee or submit a signed application. No response from the warden was required yet. If Scales did not comply, the court said the case would be dismissed.
Chief Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees.
The detailed version
- Scales v. Walker · No. 1:22-cv-06562
- Laura Swain
- Aug. 2, 2022
Background
Shawn Scales filed a petition for a writ of habeas corpus against S. Walker, identified in the caption as the warden at R.N.D.C. C-74. Scales was proceeding without a lawyer. He submitted the petition without paying the $5 filing fee and without submitting an application to proceed without prepaying court fees.
Order
The court ordered Scales, 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 prepayment of fees. If the court grants that application, Scales may proceed without paying the fee in advance. The application must include docket number 22-CV-6562 (LTS).
The court stated that no answer from the respondent was required at that time. If Scales 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-related ruling
Chief United States District Judge Laura Taylor Swain certified that an appeal from this order would not be taken in good faith. She therefore denied permission to appeal without prepaying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.