Rios v. Miller

Opinion

UNITED STATES DISTRICT COURT USDC SDNY SOUTHERN DISTRICT OF NEW YORK DOCUMENT ELECTRONICALLY FILED KEVIN RIOS, DOC#: : DATE FILED: July 13, 2021 Petitioner, -against- 17-CV-2256 (ALC) CHRISTOPHER MILLER, ORDER DENYING REQUEST FOR SUPERINTENDENT CERTIFICATE OF APPEALABILITY & IFP APPLICATION Respondent. ANDREW L. CARTER, JR., United States District Judge: The Court is in receipt of motions filed by Petitioner Kevin Rios (“Petitioner”) seeking (1) an extension of time to file a notice of appeal (ECF No. 43) and (2) leave to proceed in forma pauperis on appeal (ECF No. 44). The request for an extension is hereby GRANTED. The motion for an extension was made within 60 days from the date of entry of judgment and Petitioner showed “good cause or excusable neglect” for his failure to file a timely notice of appeal. Because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. The Court certifies, pursuant to 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully directed to mail a copy of this Order to Petitioner and note service on the docket. SO ORDERED.

Dated: July 13, 2021 [yada (es New York, New York 7 , Q—~ ANDREW L. CARTER, JR. United States District Judge