Pierre-Lys v. State of New York

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ROODOLPH L. PIERRE-LYS, Petitioner, -against- 24-CV-2759 (LTS) STATE OF NEW YORK, NEW YORK ORDER OF DISMISSAL COUNTY; AMY COOK, ORLEANS CORRECTIONAL FACILITY SUPERINTENDENT, Respondents. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated August 21, 2024, the Court directed Petitioner to file an amended petition within sixty days. That order specified that failure to comply would result in denial of the petition. Petitioner has not filed an amended petition. Accordingly, the petition is denied. Because Petitioner has not at this time made a 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 in forma pauperis 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 in this action. SO ORDERED. Dated: November 21, 2024 New York, New York

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