Hicks v. The People of The State of New York

District Court, S.D. New York

Hicks v. The People of The State of New York

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JAMAL HICKS, Petitioner, 1:20-CV-1486 (CM) -against- ORDER THE PEOPLE OF THE STATE OF NEW YORK, Respondent. COLLEEN McMAHON, Chief United States District Judge: By order dated February 24, 2020, 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 denial of this petition for a writ of habeas corpus. Petitioner has not filed an IFP application or paid the fee. Accordingly, the Court denies this petition without prejudice.

28 U.S.C. §§ 1914

, 1915. The Clerk of Court is directed to mail a copy of this order to Petitioner 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: April 27, 2020 , New York, New York hie. ly Wk COLLEEN McMAHON Chief United States District Judge

Reference

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