Scott v. Carter

District Court, S.D. New York

Scott v. Carter

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK WILLIE SCOTT, Petitioner, 22-CV-10705 (LTS) -against- ORDER OF DISMISSAL WARDEN MRS. CARTER, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated December 22, 2022, the Court directed Petitioner, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP”) or pay the $5.00 filing 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. Plaintiff has not filed an IFP application or paid the filing 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 enter judgment in this action. SO ORDERED. Dated: February 24, 2023 New York, New York

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

Reference

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