Harris v. Walker

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK WILLIAM HARRIS, Petitioner, 22-CV-6563 (LTS) -against- ORDER S. WALKER, WARDEN AT R.N.D.C. C-74, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: Petitioner brings this action pro se. 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. Because Petitioner failed to pay the fee or file an IFP application, by order dated September 21, 2022, the Court denied the petition without prejudice. See 28 U.S.C. §§ 1914, 1915. On September 29, 2022, however, the Court received from Petitioner an IFP application. In light of Petitioner’s pro se status, the Court accepts the late submission. Accordingly, the Court directs the Clerk of Court to vacate the September 21, 2022, order and judgment (ECF 4-5), and to reopen this action for further proceedings. 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: October 18, 2022 New York, New York

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