Washington v. Walker
- Laura Swain
- 1:22-cv-06565
- U.S. District Court · Southern District of New York
- 4
In Washington v. Walker, Judge Swain ordered Jahsaun Washington to pay the filing fee or submit an application to proceed without prepaying fees.
Jahsaun Washington, who must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days to avoid dismissal of the action. Warden S. Walker was not required to answer at that time.
What happened
Washington v. Walker is a petition for a court order concerning custody. Jahsaun Washington filed the petition without paying the required $5 filing fee or submitting an application to proceed without prepaying fees.
The court gave Washington 30 days from August 3, 2022, to pay the fee or submit a signed application. The court said no response from the respondent was required at that time, and that the case would move forward under the Clerk’s Office procedures if Washington complied.
Judge Laura Taylor Swain ordered that the action would be dismissed if Washington did not comply within the allowed time. She also denied permission to appeal without prepaying fees, finding that an appeal would not be taken in good faith.
The detailed version
- Washington v. Walker · No. 1:22-cv-06565
- Laura Swain
- Aug. 3, 2022
Background
Jahsaun Washington, proceeding without a lawyer, filed a petition for a writ of habeas corpus. The opinion does not decide whether Washington is entitled to habeas relief. To proceed with the petition, Washington had to either pay the $5 filing fee or request permission to proceed without prepaying fees by submitting a signed application.
Order
Washington submitted the petition without the filing fee or an application to proceed without prepaying fees. The court ordered Washington, within 30 days of the order, to either pay the $5 fee or complete and submit the attached application. The application had to include docket number 22-CV-6565. If the court granted the application, Washington could proceed without paying the fee in advance.
The court stated that no answer from Warden S. Walker was required at that time. If Washington complied, the case would be processed under the Clerk’s Office procedures. If Washington failed to comply within the time allowed, the action would be dismissed.
Disposition
The court directed payment of the filing fee or submission of an application to proceed without prepaying fees. It did not reach the merits of Washington’s petition. The court also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.