Haxhaj v. United States
Haxhaj v. United States
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KIMETE HAXHAJ ex rel. SHPENDIM HAXHAJ, Petitioner, 1:25-CV-4333 (LTS) -against- ORDER OF DISMISSAL UNITED STATES OF AMERICA, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated May 23, 2025, the Court directed Petitioner, within 30 days, to submit a completed request to proceed in forma pauperis (“IFP application” or “IFP”) or pay the $5.00 filing fee required to file a habeas corpus action in this court. That order specified that failure to comply would result in dismissal of this action. Petitioner has not filed an IFP application or paid the fee. Accordingly, the Court dismisses this action without prejudice. See
28 U.S.C. §§ 1914, 1915. Because the habeas corpus 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 make ECF 4 and 5 publicly available on the court’s electronic docket of this action. The Court also directs the Clerk of Court to enter a judgment dismissing this action for the reason set forth in this order. SO ORDERED. Dated: August 20, 2025 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
Reference
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