UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ROBERT STONE, Petitioner, 1:22-CV-8545 (LTS) -against- ORDER WARDEN HUETT, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated November 29, 2022, the Court directed Petitioner to show cause by declaration, within 30 days, why the Court should not deny his pro se petition for a writ of habeas corpus under

as moot. That order specified that failure to comply would result in denial of the petition as moot. Petitioner has not filed a declaration. Accordingly, the Court denies the petition as moot. Because the petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See

. The Court certifies under

(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis 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). The Court directs the Clerk of Court to enter judgment in this action. SO ORDERED. Dated: February 2, 2023 New York, New York

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