Opinion
20-CV-3770 (CM)
07-07-2020
DONELLE MURPHY, Petitioner, v. WARDEN, Respondent.
ORDER OF DISMISSAL :
By order dated May 18, 2020, 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 a petition for a writ of habeas corpus in this Court. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an IFP application or paid the fee. Accordingly, this petition is dismissed without prejudice. See 28 U.S.C. §§ 1914, 1915. Nothing in this order effects the petition in Murphy v. Warden, Attica Corr. Fac., ECF 1:20-CV-3076, 3 (filed Apr. 16, 2020).
On April 16, 2020, the Court received a letter from Petitioner seeking an extension of time to file a petition under 28 U.S.C. § 2254 because he was in the process of exhausting his state remedies. The Clerk of Court opened Petitioner's letter as a new civil action. By order dated May 15, 2020, Judge Stanton directed Petitioner to pay the $5.00 filing fee and noted that the Court may not grant an extension of time or a stay in an action that has not yet been filed, and therefore directed Petitioner to file his § 2254 petition before the limitations period expired on June 25, 2020. See Murphy v. Warden, Attica Corr. Fac., ECF 1:20-CV-3076, 2 (S.D.N.Y. May 15, 2020). Petitioner filed his petition and paid the $5.00 filing fee on June 16, 2020. Id. at ECF No. 3.
The Clerk of Court is directed to mail a copy of this order to Plaintiff 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). SO ORDERED. Dated: July 7, 2020
New York, New York
/s/_________
COLLEEN McMAHON
Chief United States District Judge