UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NIGEL FREDRICKS, Petitioner, 21-CV-4996 (LTS) -against- ORDER WARDEN MILLS, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: On April 26, 2021, Petitioner filed a petition for a writ of habeas corpus under

, seeking to challenge “an assault case.” (21-CV-3690, ECF No. 1.) The Clerk of Court opened the petition as a new civil action and assigned it docket number 21-CV-3690. By order dated May 17, 2021, the Court granted Petitioner thirty days to file an amended petition. (Id., ECF No. 6.) On June 4, 2021, Petitioner filed a petition for a writ of habeas corpus under

, labeled with docket number 21-CV-3690. The Clerk of Court, however, opened this amended petition as a new civil action under docket number 21-CV-4996. (21-CV-4996, ECF No. 1.)1 The Court received a letter from Petitioner on June 21, 2021, in which he indicated that he did not intend to file a new action; instead, he requested that the submission in 21-CV-4996 be filed as an amended pleading in 21-CV-3690. The Court therefore directs the Clerk of Court to: (1) administratively close the action under docket number 21-CV-4996; (2) file the § 2254 petition, which is currently docketed as ECF No. 1 in the action under docket number 21-CV-4996, as an amended petition in the action

1 Because the amended petition was treated as a new action, the Court directed Petitioner to either pay the $5.00 filing fee or submit a completed and signed IFP application. (21-CV-4996, ECF No. 2.) under docket number 21-CV-3690; and (3) file a copy of this order in 21-CV-3690. Petitioner is directed to include docket number 21-CV-3690 on all papers that he submits in support of his petition. CONCLUSION

The Clerk of Court is directed to: (1) administratively close the action under docket number 20-CV-4996; (2) file the § 2254 petition, which is currently docketed as ECF No. 1 in the action under docket number 21-CV-4996, as an amended petition in the action under docket number 21-CV-3690; and (3) file a copy of this order in 21-CV-3690. The Clerk of Court is further directed to mail a copy of this order to Petitioner and note service on the docket. The Court certifies under

(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,

(1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue).

SO ORDERED. Dated: June 23, 2021 New York, New York

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