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 dismissed the habeas petition without prejudice after Reid failed to pay or submit a fee-waiver application.
Clyde Reid’s habeas petition was dismissed without prejudice. The Court also denied fee-waiver status for any appeal and directed entry of judgment.
What happened
In Reid v. Walker, Clyde Reid was ordered to submit an application to waive the filing fee or pay the $5 fee for his petition. The court warned that failure to do so would result in dismissal.
The order was returned because Reid was no longer held at the listed facility. Reid did not comply with the fee order, notify the court of a new mailing address, or contact the court again.
Chief Judge Laura Taylor Swain dismissed the petition without prejudice, meaning it was not permanently barred on this order. She also denied fee-waiver status for any appeal and directed the Clerk of Court to enter judgment.
The detailed version
- Reid v. Walker · No. 1:22-cv-06564
- Laura Swain
- Sept. 12, 2022
Background
Clyde Reid filed a petition seeking habeas relief against Warden W. Walker. On August 3, 2022, the Court ordered Reid, within thirty days, either to submit a completed application to proceed without paying the filing fee or to pay the $5 filing fee required for a habeas petition.
The Court’s order warned that failing to comply would result in dismissal. On August 23, 2022, the order was returned with a notation that Reid was no longer held at that facility. Reid did not comply with the order, notify the Court of a change in mailing address, or make further contact with the Court.
Ruling
Chief United States District Judge Laura Taylor Swain dismissed the petition without prejudice under 28 U.S.C. §§ 1914 and 1915. The order therefore did not permanently bar the petition based on this dismissal. The Court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The Clerk of Court was directed to issue judgment.
Classification
This is a procedural order because the Court dismissed the petition for failure to comply with a filing-fee order and did not decide the petition’s underlying habeas issue.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.