Walters v. Walker
- Laura Swain
- 1:22-cv-06551
- U.S. District Court · Southern District of New York
- 2
In Walters v. Walker, Judge Swain ordered Cameron Walters to pay $5 or submit a fee-waiver application within 30 days.
Cameron Walters must either pay the $5 filing fee or submit a signed fee-waiver application within 30 days. S. Walker was not required to answer at that time.
What happened
In Walters v. Walker, Cameron Walters, representing himself, filed a petition asking for relief under the federal habeas process without paying the $5 filing fee or submitting a fee-waiver application.
The court gave Walters 30 days to pay the fee or submit a signed application to proceed without paying it in advance. No response from S. Walker was required at that time. If Walters does not comply, the action will be dismissed.
Judge Laura Taylor Swain also ruled that an appeal from this order would not be taken in good faith and denied fee-waiver status for an appeal.
The detailed version
- Walters v. Walker · No. 1:22-cv-06551
- Laura Swain
- Aug. 3, 2022
Background
Cameron Walters, who is proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not describe the petition's underlying claims. Walters submitted the petition without the required $5 filing fee and without an application to proceed without prepaying fees.
Order
The court ordered Walters, within 30 days of August 3, 2022, to either pay the $5 filing fee or complete and submit the attached signed application to proceed without prepaying fees. The application had to identify docket number 22-CV-6551 (LTS). If the court grants the application, Walters may proceed without prepaying the filing fee.
The court stated that no answer from S. Walker was required at that time. If Walters complies, the Clerk's Office will process the case under its regular procedures. If he does not comply within the allowed time, the action will be dismissed.
Appeal
Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied Walters permission to proceed without prepaying fees for an appeal.
Disposition
The court entered an order directing payment of the filing fee or submission of an application to proceed without prepaying fees. It did not decide the petition's underlying habeas claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.