MALDONADO v. NEW YORK STATE PAROLE COMMUNITY SUPERVISION

S.D. New York

MALDONADO v. NEW YORK STATE PAROLE COMMUNITY SUPERVISION

District Court, S.D. New York·Decided February 23, 2023·No. 1:22-cv-04839·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SAMUEL MALDONADO, Petitioner, 22-CV-4839 (LTS) -against- ORDER OF DISMISSAL NEW YORK STATE PAROLE COMMUNITY SUPERVISION, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated December 5, 2022, the Court directed Petitioner to file an amended petition within sixty days. That order specified that failure to comply would result in dismissal of the petition. Petitioner has not filed an amended petition. Accordingly, the petition, filed in forma pauperis (IFP) under 28 U.S.C. § 1915(a)(1), is dismissed without prejudice. 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: February 23, 2023 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 SAMUEL MALDONADO, Petitioner, 22-CV-4839 (LTS) -against- ORDER OF DISMISSAL NEW YORK STATE PAROLE COMMUNITY SUPERVISION, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated December 5, 2022, the Court directed Petitioner to file an amended petition within sixty days. That order specified that failure to comply would result in dismissal of the petition. Petitioner has not filed an amended petition. Accordingly, the petition, filed in forma pauperis (IFP) under 28 U.S.C. § 1915(a)(1), is dismissed without prejudice. 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: February 23, 2023 New York, New York

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

MALDONADO v. NEW YORK STATE PAROLE COMMUNITY SUPERVISION, (S.D.N.Y. 2023).

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