Williams v. Walker
- Laura Swain
- 1:22-cv-06550
- U.S. District Court · Southern District of New York
- 2
In Williams v. Walker, Judge Swain ordered Andrew Williams to pay the fee or request permission to proceed without prepayment.
Andrew Williams, who must either pay the $5 filing fee or submit the required application within 30 days; Walker was not required to answer at that time.
What happened
Williams v. Walker is a petition filed by Andrew Williams without a lawyer.
Because Williams submitted neither the $5 filing fee nor an application to proceed without prepaying fees, the court gave him 30 days to submit one of them. The court said no response from Walker was required at that time.
If Williams does not comply, the action will be dismissed; if he does comply, the case will proceed through the Clerk’s Office. Judge Swain also denied permission to appeal without prepaying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Williams v. Walker · No. 1:22-cv-06550
- Laura Swain
- Aug. 3, 2022
Background
Andrew Williams, proceeding without a lawyer, filed a petition for a writ of habeas corpus, a legal procedure identified in the order as the basis for his case. He submitted the petition without paying the $5 filing fee and without submitting an application to proceed without prepaying fees. The order notes that Williams originally filed the petition with Maurice Mayo and other detainees in a civil action under No. 22-CV-5810. On July 29, 2022, the court separated the petitioners’ claims and opened a new action for each petitioner.
Fee or Application Requirement
The court ordered Williams, within 30 days of August 3, 2022, to either pay the $5 filing fee or complete and submit the attached application to proceed without prepaying fees. The application had to include docket number 22-CV-6550. If the court grants that application, Williams may proceed without prepaying the filing fee.
The court stated that Walker did not need to file an answer at that time. If Williams complies with the order, 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
The court certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the underlying petition.
Ruling
Judge Laura Taylor Swain issued the order directing payment of the fee or submission of an application to proceed without prepaying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.