Opinion
22-CV-6028 (LTS)
10-24-2022
ABDOOL AZEEZ, Petitioner. v. John/Jane Doe
ORDER OF DISMISSAL
LAURA TAYLOR SWAIN CHIEF UNITED STATES DISTRICT JUDGE
By order dated September 19, 2022, the Court directed Petitioner to complete a 28 U.S.C. § 2254 form, which was attached to the September 19, 2022, order, following Petitioner's request that the court provide him with a Section 2254 form. On October 14, 2022, the court's Clerk's Office received a letter from Petitioner, in which he states that he does not intend to file his Section 2254 petition at this time. Rather, he requests that the Clerk's Office merely provide him with a Section 2254 form, indicating that he currently is exhausting his unexhausted constitutional claims in the state courts and intends to return to this court upon completion of that exhaustion.
Accordingly, the Court denies this petition without prejudice to the Section 2254 petition that Petitioner files subsequent to his exhaustion in the state courts of his constitutional claims.
The Court directs the Clerk of Court to attach to this order a Petition Under 28 U.S.C. § 2254 form.
Because Petitioner has not at this time made a substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253.
The Court certifies, pursuant to 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
The Court also directs the Clerk of Court to issue judgment in this matter.
SO ORDERED.