Reid v. Walker
- Laura Swain
- 1:22-cv-06564
- U.S. District Court · Southern District of New York
- 2
In Reid v. Walker, Judge Swain ordered Clyde Reid to pay the $5 filing fee or submit an application to proceed without prepaying fees within 30 days.
Clyde Reid, the self-represented petitioner, must either pay the $5 filing fee or submit the required application within 30 days to avoid dismissal of the action.
What happened
Reid v. Walker began when Clyde Reid, representing himself, filed a petition without paying the required filing fee or submitting an application to proceed without prepaying fees.
The court gave Reid 30 days to pay the $5 fee or submit the completed application. No response from Walker was required at that time, but the action would be dismissed if Reid did not comply.
Judge Swain also ruled that an appeal from this order would not qualify for permission to proceed without prepaying appeal fees. The order did not decide the substance of Reid’s petition.
The detailed version
- Reid v. Walker · No. 1:22-cv-06564
- Laura Swain
- Aug. 3, 2022
Background
Clyde Reid filed a petition for a writ of habeas corpus while proceeding without a lawyer. He submitted the petition without the required $5 filing fee and without an application to proceed in forma pauperis, meaning without prepaying court fees.
Order
The court ordered Reid, 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 prepaying fees. If the court grants the application, Reid may proceed without prepaying the filing fee. The application must identify docket number 22-CV-6564 (LTS).
The court stated that Walker did not need to file an answer at that time. If Reid complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed period, the action will be dismissed.
The court certified that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
Effect of the Order
The order addressed the filing fee and fee-waiver application only. It did not decide the merits of Reid’s habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.