Ansari v. United States of America

District Court, S.D. New York

Ansari v. United States of America

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK AZIZI ANSARI, Petitioner, 21-CV-4025 (LTS) -against- ORDER OF DISMISSAL UNITED STATES OF AMERICA, et al., Respondents. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated May 6, 2021, the Court directed Petitioner, within thirty days, to submit a completed request to proceed in forma pauperis (IFP application) or pay the $5.00 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. 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. Because the petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue under

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). The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. SO ORDERED. Dated: July 20, 2021 New York, New York

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

Reference

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