Velazqez v. Miller
Velazqez v. Miller
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DAVID VELAZQEZ, Petitioner, 22-CV-6843 (LTS) -against- ORDER OF DISMISSAL MARK MILLER, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated August 16, 2022, 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 habeas corpus 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 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 issue judgment in this case. SO ORDERED. Dated: October 17, 2022 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
Reference
- Status
- Unknown