McCargo v. Jamison
McCargo v. Jamison
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KAREEM McCARGO, Petitioner, 24-CV-2367 (LTS) -against- ORDER OF DISMISSAL WARDEN JAMISON, Respondent. COLLEEN McMAHON, Chief United States District Judge: By order dated March 28, 2024, the Court directed Petitioner, within 30 days, to submit a completed request to proceed in forma pauperis (“IFP application”) or pay the $5.00 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. 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. CONCLUSION Accordingly, because Petitioner did not submit an IFP application or pay the filing fee within the time allowed, the Court dismisses the petition for a writ of habeas corpus without prejudice. See
28 U.S.C. §§ 1914, 1915. Because the petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue under
28 U.S.C. § 2253. 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 in this case. SO ORDERED. Dated: June 3, 2024 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
Reference
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