Alfredo v. Jaimison

District Court, S.D. New York

Alfredo v. Jaimison

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RUIZESPARZA NAVARETTE ALFREDO, Petitioner, 23-CV-8166 (LTS) -against- ORDER OF DISMISSAL WARDEN J.L. JAIMISON, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated September 18, 2023, 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 action. Petitioner has not filed an IFP application or paid the fees. 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 Court directs the Clerk of Court to enter judgment. SO ORDERED. Dated: November 15, 2023 New York, New York

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

Reference

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