Scott v. Warden
- Laura Swain
- 1:22-cv-07075
- U.S. District Court · Southern District of New York
- 1
In Scott v. Warden, Judge Swain denied Scott’s petition without prejudice after he neither paid the filing fee nor requested permission to proceed without paying it.
Willie Scott’s petition was denied without prejudice because he neither submitted the required application to proceed without paying filing fees nor paid the $402 filing fees. His request to appeal without paying fees was also denied.
What happened
In Scott v. Warden, Willie Scott was ordered to either submit a completed request to proceed without paying filing fees or pay the required $402 in fees.
Scott did neither within the required thirty days. The court therefore denied his petition without prejudice, meaning the order did not bar him from filing again.
Judge Laura Taylor Swain also ruled that no certificate allowing an appeal would issue and denied permission to appeal without paying fees. The Clerk was directed to enter judgment.
The detailed version
- Scott v. Warden · No. 1:22-cv-07075
- Laura Swain
- Oct. 24, 2022
Background
On August 25, 2022, the Court ordered Willie Scott to submit a completed application to proceed without paying filing fees or to pay the $402 filing fees required for a civil action. The order stated that failing to comply would result in dismissal of the complaint.
Court’s ruling
Scott did not submit the application or pay the fees. The Court therefore denied the petition without prejudice. The opinion does not address the petition’s underlying claims.
The Court also ruled that a certificate of appealability would not issue because the petition made no substantial showing that a constitutional right had been denied. It certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. The Clerk of Court was directed to issue a judgment in the action.
Classification
This is a procedural order because the Court resolved the case based on Scott’s failure to submit the required fee application or pay the filing fees, without reaching the petition’s underlying legal claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.