Richard Carter v. Warden Rickard FCI Otisville

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RICHARD CARTER, Petitioner, 25-CV-7097 (LTS) -against- ORDER OF DISMISSAL WARDEN RICKARD FCI OTISVILLE, Respondent.

LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated September 5, 2025, the Court directed Petitioner, within 30 days, to submit a completed request to proceed in forma pauperis (“IFP application”) or pay the $5.00 fee required to file a writ of habeas corpus in this court. See 28 U.S.C. §§ 1914, 1915. (ECF 3.) That order specified that failure to comply would result in dismissal of the complaint. Petitioner has not filed an IFP application or paid the $5.00 fee. Accordingly, the petition is dismissed without prejudice. See 28 U.S.C. §§ 1914, 1915.

Because this action makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253(a).

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: November 10, 2025 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge