Maxwell v. Walker
- Laura Swain
- 1:22-cv-06552
- U.S. District Court · Southern District of New York
- 1
In Maxwell v. Walker, Judge Swain dismissed Maxwell’s petition without prejudice because he did not pay the filing fee or request a fee waiver.
Randolph Maxwell’s action was dismissed without prejudice; S. Walker was the named respondent.
What happened
In Maxwell v. Walker, Randolph Maxwell filed a petition in the Southern District of New York.
The court gave Maxwell 30 days to submit a completed request to proceed without paying the filing fee or to pay the required $5 fee. He did neither.
Judge Laura Taylor Swain dismissed the action without prejudice. She also said no certificate allowing an appeal would issue and denied fee-waiver status for any appeal.
The detailed version
- Maxwell v. Walker · No. 1:22-cv-06552
- Laura Swain
- Oct. 5, 2022
Background
Randolph Maxwell filed a habeas action against S. Walker, identified in the order as the warden at R.N.D.C. C-74. The opinion does not describe the underlying claims in the petition.
Filing-fee requirement
On August 2, 2022, the Court ordered Maxwell, within 30 days, either to submit a completed application to proceed in forma pauperis (without paying the filing fee) or to pay the $5 filing fee required for a habeas action. The order warned that failing to comply would result in dismissal. Maxwell did not submit the application or pay the fee.
Ruling
The Court dismissed the action without prejudice under 28 U.S.C. §§ 1914 and 1915. Because the petition did not make a substantial showing that a constitutional right had been denied, the Court stated that a certificate of appealability would not issue. The Court also certified that an appeal would not be taken in good faith and denied in forma pauperis status for purposes of an appeal. The Clerk was directed to enter judgment.
Judge
The order was signed by Laura Taylor Swain, Chief United States District Judge.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.