Baly v. Certificate of Appeals Supreme Court of New York

S.D. New York

Baly v. Certificate of Appeals Supreme Court of New York

DecidedJuly 12, 2022

Docket1:22-cv-05812

StatusUnknown

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Baly v. Certificate of Appeals Supreme Court of New York, (S.D.N.Y. 2022).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RAMI BALY, Petitioner, 22-CV-5812 (LTS) -against- ORDER DIRECTING PAYMENT OF FEE CERTIFICATE OF APPEALS SUPREME OR AMENDED IFP APPLICATION COURT OF NEW YORK, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: Petitioner, who is proceeding pro se, brings this petition for a writ of habeas corpus. To proceed with a petition for a writ of habeas corpus in this court, a petitioner must either pay the $5.00 filing fee or, to request authorization to proceed in forma pauperis (IFP), submit a signed IFP application. See 28 U.S.C. §§ 1914, 1915. Petitioner submitted the petition without the filing fee. Moreover, the IFP application that he submitted is captioned for the courts of the State of New York, not the federal court.1 (ECF 4.) Within thirty days of the date of this order, Petitioner must either pay the $5.00 filing fee or complete and submit the attached amended IFP application. If Petitioner submits the amended IFP application, it should be labeled with docket number 22-CV-5812 (LTS). No answer shall be required at this time. If Petitioner fails to comply with this order within the time allowed, the action will be dismissed without prejudice.

1 Petitioner challenges his March 2, 2017 conviction, pursuant to a non-jury trial, after which he was sentenced to three years’ probation. The conviction was affirmed on direct appeal, People v. Baly, 157 N.Y.S.3d 662 (1st Dep’t Jan. 10, 2022), and the application to the New York Court of Appeals for leave to appeal was denied, People v. Baly, 165 N.Y.S.3d 461 (N.Y. Mar. 31, 2022). It is unclear if Petitioner intends to bring this application in state or federal court. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444–45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue).

SO ORDERED. Dated: July 12, 2022 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RAMI BALY, Petitioner, 22-CV-5812 (LTS) -against- ORDER DIRECTING PAYMENT OF FEE CERTIFICATE OF APPEALS SUPREME OR AMENDED IFP APPLICATION COURT OF NEW YORK, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: Petitioner, who is proceeding pro se, brings this petition for a writ of habeas corpus. To proceed with a petition for a writ of habeas corpus in this court, a petitioner must either pay the $5.00 filing fee or, to request authorization to proceed in forma pauperis (IFP), submit a signed IFP application. See 28 U.S.C. §§ 1914, 1915. Petitioner submitted the petition without the filing fee. Moreover, the IFP application that he submitted is captioned for the courts of the State of New York, not the federal court.1 (ECF 4.) Within thirty days of the date of this order, Petitioner must either pay the $5.00 filing fee or complete and submit the attached amended IFP application. If Petitioner submits the amended IFP application, it should be labeled with docket number 22-CV-5812 (LTS). No answer shall be required at this time. If Petitioner fails to comply with this order within the time allowed, the action will be dismissed without prejudice.

1 Petitioner challenges his March 2, 2017 conviction, pursuant to a non-jury trial, after which he was sentenced to three years’ probation. The conviction was affirmed on direct appeal, People v. Baly, 157 N.Y.S.3d 662 (1st Dep’t Jan. 10, 2022), and the application to the New York Court of Appeals for leave to appeal was denied, People v. Baly, 165 N.Y.S.3d 461 (N.Y. Mar. 31, 2022). It is unclear if Petitioner intends to bring this application in state or federal court. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444–45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue).

SO ORDERED. Dated: July 12, 2022 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

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Baly v. Certificate of Appeals Supreme Court of New York, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baly-v-certificate-of-appeals-supreme-court-of-new-york-nysd-2022.

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