Lucas v. Office of Mental Health
Lucas v. Office of Mental Health
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TROY LUCAS, Petitioner, 20-CV-7325 (CM) -against- ORDER OF DISMISSAL OFFICE OF MENTAL HEALTH, Respondent. COLLEEN McMAHON, Chief United States District Judge: By order dated September 9, 2020, the Court directed Petitioner, within thirty days, to submit an amended request to proceed in forma pauperis (‘IFP application’’) or pay the $5.00 in fees required to file a habeas petition in this Court. That order specified that failure to comply would result in dismissal of the petition. Petitioner has not filed an amended IFP application or paid the fee. Accordingly, the petition is dismissed without prejudice to refiling. 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). SO ORDERED. Dated: October 13, 2020 , New York, New York hie. Iu Wik COLLEEN McMAHON Chief United States District Judge
Reference
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