McVay v. Walker
- Laura Swain
- 1:22-cv-06572
- U.S. District Court · Southern District of New York
- 2
In McVay v. Walker, Judge Swain ordered the petitioner to pay the fee or submit an IFP application within 30 days.
Jeffrey McVay must either pay the $5 filing fee or submit a signed IFP application within 30 days; otherwise, the action will be dismissed.
What happened
In McVay v. Walker, Jeffrey McVay filed a habeas petition without paying the $5 filing fee or submitting an application to proceed without prepaying court fees. The opinion says McVay was representing himself.
The court gave McVay 30 days from August 4, 2022, to pay the fee or submit a signed application. No response from S. Walker was required at that time.
Judge Laura Taylor Swain ordered that the case would be processed if McVay complied, but that the action would be dismissed if he did not. She also denied permission to proceed without prepaying fees for any appeal from this order.
The detailed version
- McVay v. Walker · No. 1:22-cv-06572
- Laura Swain
- Aug. 4, 2022
Background
Jeffrey McVay, who was representing himself, filed a petition for a writ of habeas corpus. The court stated that a person filing such a petition must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees, commonly called an IFP application. McVay submitted neither the fee nor an IFP application.
Order
The court ordered McVay, within 30 days of the order, to pay the $5 filing fee or complete and submit the attached IFP application. If the court grants the application, McVay may proceed without prepaying fees. The application should identify docket number 22-CV-6572.
The court stated that no answer from S. Walker was required at that time. If McVay 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
The court certified that any appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal. The order did not decide the merits of McVay’s habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.