Opinion
20-CV-3986 (CM)
07-27-2020
RICHARD LEE BATES JR., Petitioner, v. NEW YORK PAROLE, et al., Respondents.
ORDER OF DISMISSAL :
By order dated May 27, 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 petition. Petitioner has not filed an IFP application or paid the fee. Accordingly, the petition is dismissed without prejudice. See 28 U.S.C. §§ 1914, 1915.
Since the Court issued the May 27, 2020 order, the Court has received two letters from Petitioner concerning the merits of his petition for a writ of habeas corpus. (ECF Nos. 3-4.) The return addresses on these letters indicate that Petitioner is incarcerated in the same facility as when he filed this action.
CONCLUSION
The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. The petition is dismissed without prejudice
Because the petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue under 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). SO ORDERED. Dated: July 27, 2020
New York, New York
/s/_________
COLLEEN McMAHON
Chief United States District Judge