Griffin v. Superintendent of the Manhattan Detention Complex

District Court, S.D. New York

Griffin v. Superintendent of the Manhattan Detention Complex

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JEREMIAH J. GRIFFEN, Petitioner, -against- 20-CV-3075 (CM) SUPERINTENDENT OF THE MANHATTAN ORDER OF DISMISSAL DETENTION COMPLEX, et al., Respondents. COLLEEN McMAHON, Chief United States District Judge: By order dated May 5, 2020, the Court directed Petitioner, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP application”) or pay the $5.00 in fees required to file a petition in this Court. 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. 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 Petitioner and note service on the docket. 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). Because Petitioner has not at this time made a substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See

28 U.S.C. § 2253

. SO ORDERED. Dated: June 25, 2020 New York, New York huh. Wyk Chief United States District Judge

Reference

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