Harris v. Walker

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK WILLIAM HARRIS, Petitioner, 22-CV-6563 (LTS) -against- ORDER OF DISMISSAL S. WALKER, WARDEN AT R.N.D.C. C-74, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated August 3, 2022, the Court directed Petitioner, within 30 days, to submit a completed request for authorization to proceed in forma pauperis (“IFP”) or pay the $5.00 filing fee required to file a petition for 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 denied without prejudice. See 28 U.S.C. §§ 1914, 1915. CONCLUSION The petition is denied without prejudice. See 28 U.S.C. §§ 1914, 1915. Because the petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue under 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 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). The Clerk of Court is directed to enter judgment in this case. SO ORDERED. Dated: September 21, 2022 New York, New York

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