Solis v. Brown

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOSE SOLIS, Petitioner, -against- 24-CV-2700 (LTS) ATTORNEY VICTOR MANUEL BROWN ORDER OF DISMISSAL NEW YORK COUNTY DISTRICT ATTORNEY, Respondent.

LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated June 21, 2024, the Court directed Plaintiff to file an amended petition within sixty days. That order specified that failure to comply would result in dismissal of the petition. Plaintiff has not filed an amended petition. Accordingly, the petition, filed in forma pauperis (IFP) under 28 U.S.C. § 1915(a)(1), is dismissed under 28 U.S.C. § 1915(e)(2)(B)(ii).

Because Petitioner has not at this time made a substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 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).

SO ORDERED.

Dated: October 4, 2024 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge