Williams v. Walker

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ANDREW WILLIAMS, Petitioner, 22-CV-6550 (LTS) -against- ORDER OF DISMISSAL WARDEN S. WALKER, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated August 3, 2022, the Court directed Petitioner, within thirty days, to submit a completed request to proceed in forma pauperis (IFP) or pay the $5.00 filing fee. That order specified that failure to comply would result in dismissal of the petition. Petitioner has not filed an IFP application or paid the fee.1 Accordingly, the petition is dismissed without prejudice. See 28 U.S.C. §§ 1914, 1915. 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 enter judgment in this case. SO ORDERED. Dated: September 8, 2022 New York, New York

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

1 Public records maintained by the New York City Department of Correction show that Petitioner has been released on bail. See https://a073-ils-web.nyc.gov/inmatelookup/pages/home/home.jsf.