Walters v. Walker
- Laura Swain
- 1:22-cv-06551
- U.S. District Court · Southern District of New York
- 1
Walters v. Walker: Judge Swain dismissed Cameron Walters’s habeas case without prejudice because he neither paid the fee nor filed an IFP request.
Cameron Walters’s habeas action was dismissed without prejudice; the court also denied a certificate of appealability and permission to appeal without paying the appeal fee.
What happened
In Walters v. Walker, Cameron Walters filed a petition challenging his detention through a habeas case. The court ordered him to either pay the $5 filing fee or submit a request to proceed without paying it.
Walters did neither within the required 30 days. The court therefore dismissed the case without prejudice. The opinion does not address the underlying claims in the petition.
Judge Swain also ruled that Walters would not receive a certificate of appealability and denied permission to appeal without paying the appeal fee. The clerk was directed to enter judgment.
The detailed version
- Walters v. Walker · No. 1:22-cv-06551
- Laura Swain
- Oct. 5, 2022
Background
Cameron Walters filed a habeas petition, a request for court review of his detention. On August 3, 2022, the court ordered Walters to submit a completed request to proceed without paying the filing fee, called an application to proceed in forma pauperis (IFP), or to pay the $5 fee required for a habeas action. The order gave him 30 days and warned that failing to comply would result in dismissal.
Court’s Ruling
Walters did not submit an IFP application and did not pay the fee. The court therefore dismissed the action without prejudice. The opinion did not decide the underlying habeas claims.
Appeal-Related Rulings and Judgment
The court determined that the petition did not make a substantial showing that a constitutional right had been denied, so it ordered that no certificate of appealability would issue. A certificate of appealability is a document required for certain appeals from habeas decisions. The court also certified that any appeal would not be taken in good faith and denied IFP status for purposes of an appeal. 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.