Kearse v. Kopp
Kearse v. Kopp
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK HOWARD KEARSE, Petitioner, 24-CV-4015 (LTS) -against- ORDER OF DISMISSAL SUPERINTENDENT M. KOPP, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated June 3, 2024, the Court directed Petitioner, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP application”) or pay the $5.00 filing fee required to file a petition for a writ of habeas corpus in this court, and to submit the petition with an original signature. That order specified that failure to comply would result in dismissal of the petition. Petitioner has not filed an IFP application or paid the fees, or submitted a signed copy of the petition. Accordingly, the petition is dismissed 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. 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). The Court directs the Clerk of Court to enter judgment. SO ORDERED. Dated: September 16, 2024 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
Reference
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