Opinion
21-CV-6478 (LTS)
09-14-2021
KENNETH RICKENBACKER, Petitioner, v. SUPERINTENDENT LA MANNA, Respondent.
ORDER OF DISMISSAL
LAURA TAYLOR SWAIN, Chief United States District Judge:
By order dated August 2, 2021, the Court directed Petitioner to file a declaration within thirty days showing cause why his petition should not be denied as time-barred and what he had done to exhaust his administrative remedies. That order specified that failure to comply would result in dismissal of the petition. Petitioner has not filed a declaration. Accordingly, the petition is dismissed as time-barred.
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 in forma pauperis 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.