Opinion
21-CV-2585 (LTS)
07-26-2021
JOHN J. BUCKSHAW, Petitioner, v. JOSEPH FUCITO, et al., Respondents.
ORDER OF DISMISSAL
LAURA TAYLOR SWAIN, CHIEF UNITED STATES DISTRICT JUDGE
Petitioner filed this habeas corpus petition pro se. By order dated May 31, 2021, the Court directed Petitioner, within thirty days, to either pay the $5.00 filing fee or submit a signed application for leave to proceed in forma pauperis (IFP). The order specified that failure to comply would result in dismissal of the petition. Petitioner has not filed an IFP application or paid the fee. Accordingly, the Court denies the petition without prejudice. See 28 U.S.C. §§ 1914, 1915. Because the 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 Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket.
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).