Halley v. Walker
- Laura Swain
- 1:22-cv-06559
- U.S. District Court · Southern District of New York
- 1
Halley v. Walker: Chief Judge Swain denied Halley’s petition without prejudice because he neither paid filing fees nor submitted an IFP application.
Rondell Halley, whose petition was denied without prejudice and whose request to proceed without paying fees on appeal was denied.
What happened
In Rondell Halley v. S. Walker, the court ordered Halley to submit an application to waive the filing fee or pay the required $402 fee within 30 days. The order warned that failing to do so would lead to dismissal.
Halley did not submit the application or pay the fee. The court therefore denied the petition without prejudice, meaning the order did not bar a new filing based on this reason.
The court also said no certificate allowing an appeal would issue and denied fee-waiver status for any appeal. Chief Judge Laura Taylor Swain directed the clerk to enter judgment.
The detailed version
- Halley v. Walker · No. 1:22-cv-06559
- Laura Swain
- Oct. 24, 2022
Background
By an order dated September 6, 2022, the court directed Petitioner Rondell Halley to submit a completed application to proceed without paying the filing fee, called an IFP application, or to pay the $402 required to file a civil action. The court warned that failure to comply within 30 days would result in dismissal.
Court’s Ruling
Halley did not submit an IFP application or pay the filing fee. The court therefore denied the petition without prejudice, citing the federal filing-fee and fee-waiver statutes, 28 U.S.C. §§ 1914 and 1915. The opinion does not address the underlying claim or explain what relief the petition sought.
The court also determined that the petition did not make a substantial showing that a constitutional right had been denied, so it would not issue a certificate of appealability. It further certified that an appeal would not be taken in good faith and denied IFP status for purposes of an appeal. The court directed the clerk to issue judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.