Bob v. Decker

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NATA S. BOB, Petitioner, -against- 19-CV-9590 (CM) THOMAS DECKER, DHS/ICE DIRECTOR OF DETENTION/REMOVAL; HUDSON ORDER OF DISMISSAL COUNTY CORRECTIONS & REHABILITATION (JAIL) WARDEN; MEDICAL DEFENDANTS (JOHN DOE), Respondents. COLLEEN McMAHON, Chief United States District Judge: By order dated October 29, 2019, the Court directed Petitioner, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP application”) or pay the $5.00 fee required to file a writ of habeas corpus in this Court. That order specified that failure to comply would result in dismissal of the petition. Petitioner has not filed an IFP application or paid the fee. Accordingly, the petition is dismissed without prejudice. See 28 U.S.C. §§ 1914, 1915. The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. 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 IFP status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: December 2, 2019 , New York, New York hi. Wyk COLLEEN McMAHON Chief United States District Judge