Rocha v. United States Federal Bureau of Prisons

District Court, S.D. New York

Rocha v. United States Federal Bureau of Prisons

Trial Court Opinion

PABLO ROCHA, Petitioner, 24cv6408 (LTS) -against- CIVIL JUDGMENT UNITED STATES FEDERAL BUREAU OF PRISONS, Respondent. For the reasons stated in the November 7, 2024, order, this action is dismissed. By order dated September 3, 2024, the Court directed Petitioner, within 30 days, to submit a completed request to proceed in forma pauperis ("IFP" or "IFP application") or pay the $5.00 fee required to file a habeas corpus action in this court. That order specified that failure to comply would result in dismissal of this action. Petitioner has not filed an IFP application or paid the fee. Accordingly, the Court dismisses this action without prejudice. See

28 U.S.C. §§ 1914

, 1915. 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). Because the petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See

28 U.S.C. § 2253

. SO ORDERED. Dated: November 8, 2024 New York, New York

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

Reference

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