Williams v. Walker
- Laura Swain
- 1:22-cv-06550
- U.S. District Court · Southern District of New York
- 1
In Williams v. Walker, Judge Swain dismissed Andrew Williams’s petition without prejudice after he neither sought a fee waiver nor paid the $5 filing fee.
Andrew Williams’s petition was dismissed without prejudice. Williams was also denied permission to appeal without paying the appeal fee; Warden S. Walker remains the named respondent.
What happened
Williams v. Walker involved Andrew Williams’s petition against Warden S. Walker. The court had ordered Williams to submit a completed request to proceed without paying the filing fee or to pay the $5 filing fee within 30 days.
Williams did neither. The opinion does not decide the substance of his petition; it addresses only his failure to comply with the filing requirement.
Chief Judge Laura Taylor Swain dismissed the petition without prejudice, meaning it was not permanently barred from being filed again. She also denied Williams permission to appeal without paying the appeal fee and directed the clerk to enter judgment.
The detailed version
- Williams v. Walker · No. 1:22-cv-06550
- Laura Swain
- Sept. 8, 2022
Background
Andrew Williams filed a petition against Warden S. Walker. The opinion does not identify the petition’s underlying legal claim.
On August 3, 2022, the court ordered Williams, within 30 days, either to submit a completed application to proceed without paying the filing fee or to pay the $5 filing fee. The order warned that failure to comply would result in dismissal. Williams did not submit the application or pay the fee.
Ruling
Chief United States District Judge Laura Taylor Swain dismissed the petition without prejudice under 28 U.S.C. §§ 1914 and 1915. The court therefore did not reach the underlying substance of the petition. “Without prejudice” means the dismissal does not itself permanently bar a later filing.
The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying the appeal fee. The clerk was directed to enter judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.