Bush v. People of The State of New York

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK STEVEN BUSH, Petitioner, 22-CV-3045 (LTS) -against- ORDER OF DISMISSAL THE PEOPLE OF THE STATE OF NEW YORK, Respondent. COLLEEN McMAHON, Chief United States District Judge: On May 2, 2022, the Court directed Petitioner to file an amended petition within sixty days. That order specified that failure to comply would result in denial of the petition. Plaintiff has not filed an amended petition. Accordingly, the petition for a writ of habeas corpus is denied. Because the petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. 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 an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: July 14, 2022 New York, New York

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