Williams v. State of New York

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DERRICK LAVELL WILLIAMS, Petitioner, 25-CV-2576 (LTS) -against- ORDER OF DISMISSAL STATE OF NEW YORK, et al., Respondents.

LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated April 4, 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 in this court a petition for a writ of habeas corpus under 28 U.S.C. § 2254. That order specified that failure to comply would result in dismissal of the complaint. 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 Petitioner has not at this time made a 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: May 19, 2025 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge