Harris v. Walker
- Laura Swain
- 1:22-cv-06563
- U.S. District Court · Southern District of New York
- 2
In Harris v. Walker, Judge Swain denied Harris’s petition without prejudice because he neither paid the fee nor submitted an IFP application.
William Harris’s petition was denied without prejudice because he did not pay the $5 filing fee or submit the required application to proceed without paying it. The order also affects any appeal by denying a certificate of appealability and permission to proceed without paying appeal costs.
What happened
In Harris v. Walker, William Harris filed a petition for a writ of habeas corpus against S. Walker, identified as the warden at R.N.D.C. C-74.
The court had ordered Harris to submit an application to proceed without paying the filing fee or to pay the required $5 fee within 30 days. Harris did neither.
Judge Laura Taylor Swain denied the petition without prejudice. The court also declined to issue a certificate allowing an appeal and denied permission to proceed without paying appeal costs.
The detailed version
- Harris v. Walker · No. 1:22-cv-06563
- Laura Swain
- Sept. 21, 2022
Background
William Harris filed a petition for a writ of habeas corpus against S. Walker, identified in the case caption as the warden at R.N.D.C. C-74. The court’s August 3, 2022 order directed Harris, within 30 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.
Reason for the Order
The August 3 order warned that failing to comply would result in dismissal of the petition. Harris did not submit the application or pay the fee. The opinion does not address the underlying claims in the petition.
Ruling
Judge Laura Taylor Swain denied the petition without prejudice under 28 U.S.C. §§ 1914 and 1915. The court stated that no certificate of appealability would issue because the petition made no substantial showing that a constitutional right had been denied. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without paying appeal costs. The Clerk of Court was directed to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.