Scott v. Warden
- Laura Swain
- 1:22-cv-07075
- U.S. District Court · Southern District of New York
- 2
In Scott v. Warden, Judge Swain ordered Willie Scott to pay $5 or apply to proceed without prepaying fees within 30 days.
Willie Scott, who must pay the filing fee or submit an application to proceed without prepaying fees within 30 days to avoid dismissal of the action; the Warden was not required to answer at this stage.
What happened
In Scott v. Warden, Willie Scott filed a petition for a writ while proceeding without a lawyer. He did not submit the required $5 filing fee or an application to proceed without prepaying fees.
The court ordered Scott to pay the fee or submit a signed application within 30 days. The court said no response from the Warden was required at that time and warned that the action would be dismissed if Scott did not comply.
Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the underlying petition.
The detailed version
- Scott v. Warden · No. 1:22-cv-07075
- Laura Swain
- Aug. 25, 2022
Background
Willie Scott filed a petition for a writ of habeas corpus, a proceeding identified by the court as a habeas case, while proceeding without a lawyer. He submitted neither the $5 filing fee required by 28 U.S.C. § 1914 nor an application to proceed without prepaying fees under 28 U.S.C. § 1915.
Order
The court ordered Scott, within 30 days of the order, either to pay the $5 filing fee or to complete and submit the attached signed application to proceed without prepaying fees. The application was to identify docket number 22-CV-7075(LTS). The court explained that, if it granted the application, Scott could proceed without prepaying fees.
The court required no answer from the Warden at that time. If Scott complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the allowed time, the action would be dismissed.
Appeal Certification and Effect
Judge Laura Taylor Swain certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. This order addressed filing requirements and did not decide the underlying petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.