Maxwell v. Walker

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RANDOLPH MAXWELL, Petitioner, 1:22-CV-6552 (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 2, 2022, the Court directed Petitioner, within 30 days, to submit a completed request to proceed in forma pauperis (“IFP”) or pay the $5.00 fee required to file a habeas corpus action in this court. That order specified that failure to comply would result in dismissal of this action. Petitioner has not filed an IFP application or paid the fee. Accordingly, the Court dismisses this action 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. 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 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 Court directs the Clerk of Court to enter judgment. SO ORDERED. Dated: October 5, 2022 New York, New York

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