Rivera v. McNamara

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK HECTOR RIVERA, Plaintiff, 23-CV-9530 (LTS) -against- ORDER ATTORNEY CONNOR MCNAMARA, ET AL., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is detained on Rikers Island, filed this action pro se and in forma pauperis (“IFP”). In his pleadings, Plaintiff asserted claims that could be construed as seeking habeas corpus relief under 28 U.S.C. § 2241. (ECF 1, 9, 10.) By order and judgment dated July 16, 2024, the Court dismissed the action for failure to state a claim and on immunity grounds. (ECF 11, 12.) Because Plaintiff’s pleadings made no substantial showing of a denial of a constitutional right, the Court declines to issue a certificate of appealability with respect to the Court’s July 16, 2024 order and judgment.1 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). SO ORDERED. Dated: January 17, 2025 New York, New York

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