Opinion
21-CV-6767 (LTS)
09-23-2021
JACOB ANDREW BERGERON, Petitioner, v. DIANNE DAVIS, et al., Respondents.
ORDER OF DISMISSAL
LAURA TAYLOR SWAIN, Chief United States District Judge:
Petitioner, who is proceeding pro se, filed this petition for a writ of habeas corpus. He submitted the petition without a signature and without payment of the $5.00 filing fee or a request for authorization to proceed in forma pauperis (IFP), that is, without prepayment of fees.
By order dated August 13, 2021, the Court directed Petitioner, within thirty days, to complete, sign, and submit to the Court a declaration form to attest that he is the party who brings this action, and to either pay the $5.00 filing fee or complete and submit an IFP application. That order specified that failure to comply would result in dismissal of the petition. Petitioner has not filed a declaration and an IFP application or paid the filing fee. Accordingly, the petition is denied without prejudice. See 28 U.S.C. §§ 1914, 1915.
Because Petitioner has not at this time made a substantial showing of the 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 Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket.
SO ORDERED.