Halley v. Walker
- Laura Swain
- 1:22-cv-06559
- U.S. District Court · Southern District of New York
- 4
In Halley v. Walker, Judge Swain ordered Rondell Halley to pay the filing fee or submit an application to proceed without prepaying fees within 30 days.
Rondell Halley must either pay the $5 filing fee or submit a signed application to proceed without prepaying fees within 30 days. If he does not comply, the action will be dismissed. S. Walker was not required to answer at this stage.
What happened
In Halley v. Walker, Rondell Halley filed a petition seeking relief from custody against S. Walker, identified as the warden at R.N.D.C. C-74.
Halley submitted the petition without paying the $5 filing fee and without an application to proceed without prepaying court fees. The court gave him 30 days to pay the fee or submit a signed application. The court said no response from Walker was required at that time.
Judge Laura Taylor Swain ordered Halley to meet one of those requirements or the action would be dismissed. She also denied permission to proceed without prepaying fees for any appeal from the order.
The detailed version
- Halley v. Walker · No. 1:22-cv-06559
- Laura Swain
- Sept. 6, 2022
Background
Rondell Halley, who was proceeding without a lawyer, filed a petition for a writ of habeas corpus, a legal procedure for challenging custody, against S. Walker, identified in the caption as the warden at R.N.D.C. C-74. Halley did not submit the required $5 filing fee or an application to proceed without prepaying fees.
Court’s Order
The court directed Halley, within 30 days of the order, either to pay the $5 filing fee or to complete and submit a signed application to proceed without prepaying fees. The application was to include the case’s docket number. If the court granted the application, Halley would be allowed to proceed without paying the fees in advance.
The court stated that no answer from Walker was required at that time and that the case would be processed under the Clerk’s Office procedures if Halley complied. The court stated that the action would be dismissed if he did not comply within the allowed time.
Appeal and Disposition
Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order did not decide the merits of Halley’s habeas petition.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.