Solis v. Brown

District Court, S.D. New York

Solis v. Brown

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOSE SOLIS, Petitioner, -against- 24cv2700 (LTS) ATTORNEY VICTOR MANUEL BROWN CIVIL JUDGMENT NEW YORK COUNTY DISTRICT ATTORNEY, Respondent. For the reasons stated in the October 5, 2024, order, this action is dismissed. 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 the 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 7, 2024 New York, New York

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

Reference

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