Perry v. Maloney

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RONALD PERRY, Petitioner, 21-CV-8039 (LTS) -against- ORDER OF DISMISSAL ADW MALONEY; WARDEN MORALES, Respondents. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated April 13, 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 issue judgment in this case. SO ORDERED. Dated: September 28, 2022 New York, New York

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