Fall v. Kopp

S.D. New York

Fall v. Kopp

DecidedJanuary 8, 2024

Docket1:23-cv-09683

StatusUnknown

This text of Fall v. Kopp (Fall v. Kopp) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fall v. Kopp, (S.D.N.Y. 2024).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CHEICHK FALL, Petitioner, 23-CV-9683 (LTS) -against- ORDER OF DISMISSAL M. KOPP, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated November 7, 2023, the Court directed Petitioner, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP”) or pay the $5.00 fee required to file a petition for a writ of habeas corpus in this court.1 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 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).

1 Petitioner originally filed this petition in the United States District Court for the Eastern District of New York. See Fall v. Kopp, No. 23-CV-7723 (PK) (E.D.N.Y. Oct. 20, 2023). By order dated October 20, 2023, the Eastern District transferred the action to this court. (ECF 3.) The Court directs the Clerk of Court to enter judgment. SO ORDERED. Dated: January 8, 2024 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 CHEICHK FALL, Petitioner, 23-CV-9683 (LTS) -against- ORDER OF DISMISSAL M. KOPP, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated November 7, 2023, the Court directed Petitioner, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP”) or pay the $5.00 fee required to file a petition for a writ of habeas corpus in this court.1 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 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).

1 Petitioner originally filed this petition in the United States District Court for the Eastern District of New York. See Fall v. Kopp, No. 23-CV-7723 (PK) (E.D.N.Y. Oct. 20, 2023). By order dated October 20, 2023, the Eastern District transferred the action to this court. (ECF 3.) The Court directs the Clerk of Court to enter judgment. SO ORDERED. Dated: January 8, 2024 New York, New York

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

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