Lema-Yaucan v. Melecio

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK HOLGER LEMA-YAUCAN, Petitioner, 23-CV-3860 (NSR) (AEK) -against- ORDER SUPERINTENDENT PHILIP MELECIO, Respondent.

ANDREW E. KRAUSE, United States Magistrate Judge: On May 8, 2023, Petitioner filed this pro se habeas corpus action under 28 U.S.C. § 2254. By order dated May 10, 2023, the Court directed Petitioner, within 30 days, to either pay the $5.00 filing fee or, to request authorization to proceed in forma pauperis (IFP) by submitting a signed IFP application. See 28 U.S.C. §§ 1914, 1915. That same day, the Court received Petitioner’s $5.00 payment. On June 12, 2023, the Court received from Petitioner a duplicate payment.

The Clerk of Court is directed to issue a refund of the second $5.00 payment to Petitioner and to mail it to him at his address of record.

The Court certifies, pursuant to 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.

See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).

SO ORDERED.

Dated: June 20, 2023 White Plains, New York / Ie ANDREW E. KRAUSE United States Magistrate Judge