Mallgren v. New York City

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ANTHONY BRIAN MALLGREN, Petitioner, 24-CV-10067 (LTS) -against- ORDER OF DISMISSAL NEW YORK CITY, Respondent.

LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated February 5, 2025, the Court directed Petitioner, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP application”) 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 denial of the petition. Petitioner has not filed an IFP application or paid the fee. Accordingly, the petition is denied without prejudice. See 28 U.S.C. §§ 1914, 1915.

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 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 in this case.

SO ORDERED.

Dated: March 14, 2025 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge