Shelton v. FCI Otisville, Bureau of Prisons

District Court, S.D. New York

Shelton v. FCI Otisville, Bureau of Prisons

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOSEPH K. SHELTON, Petitioner, -against- 19-CV-9116 (CM) FCI OTISVILLE, BUREAU OF PRISONS; ORDER OF DISMISSAL SIA SUSSNEY; SIS CLEMMONS; OTHERS; DEPARTMENT OF JUSTICE EMPLOYEES, Mailroom, Respondents. COLLEEN McMAHON, Chief United States District Judge: By order dated October 16, 2019, the Court directed Petitioner, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP application”) or pay the $5.00 filing fee required to file a petition for a writ of habeas corpus in this Court. That order specified that failure to comply would result in dismissal of the petition. Plaintiff has not filed an IFP application or paid the fee. Accordingly, the petition is dismissed without prejudice. See

28 U.S.C. §§ 1914

, 1915. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Because the petition makes no 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 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). SO ORDERED. Dated: December 4, 2019 New York, New York huh. Hk Chief United States District Judge

Reference

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