Hafner v. Federal Bureau of Prisons

DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 11/18/2024 ERIC HAFNER, Petitioner, -against- 24-CV-8087 (NSR) FEDERAL BUREAU OF PRISONS: OR IEPAPPLICAYION WARDEN FCI OTISVILLE; U.S. ATTORNEY GENERAL, Respondents.

NELSON S. ROMAN, United States District Judge: Petitioner, who is proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2241. To proceed with a petition for a writ of habeas corpus in this court, a petitioner must either pay the $5.00 filing fee or, to request authorization to proceed in forma pauperis (IFP), submit a signed IFP application. See 28 U.S.C. §§ 1914, 1915.

Petitioner submitted the petition without the filing fee or an IFP application. Within thirty days of the date of this order, Petitioner must either pay the $5.00 filing fee or complete and submit the attached IFP application. If Petitioner submits the IFP application, it should be labeled with the docket number 24-CV-8087 (NSR).

No answer shall be required at this time. If Petitioner fails to comply with this order within the time allowed, the action will be dismissed without prejudice.

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 appellant demonstrates good faith when seeking review of a nonfrivolous issue). The Clerk of Court is kindly directed to mail copies of this Order to pro se Plaintiff at his address as it is listed on ECF and show proof of service on the docket.

SO ORDERED.

Dated: November 18, 2024 White Plains, New York NELSON S.ROMAN United States District Judge