Haxhaj v. Williams

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHPRESIM HAXHAJ, Petitioner, 24-CV-8441 (LTS) -against- ORDER OF DISMISSAL ERIC WILLIAMS, Respondent.

LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated November 14, 2024, the Court directed Petitioner, within thirty days, to submit a completed request to proceed in forma pauperis (IFP) or pay the $5.00 fee required to file a petition for a writ of habeas corpus in this court. That order specified that failure to comply would result in dismissal of the petition. Petitioner has not filed an IFP application or paid the fee. Accordingly, the petition is dismissed without prejudice. See 28 U.S.C. §§ 1914, 1915.

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). Because the petition at this time 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 directs the Clerk of Court to enter judgment in this case.

SO ORDERED.

Dated: December 18, 2024 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge