Opinion
23-CV-9520 (LTS)
01-02-2024
JOSEPH W. JEAN-LOUIS, Petitioner, v. MAYOR OF NEW YORK CITY, ET AL., Respondents.
ORDER OF DISMISSAL
LAURA TAYLOR SWAIN, Chief United States District Judge
By order dated November 1, 2023, the Court directed Petitioner, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP”) or pay the $5.00 in 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. On December 6, 2023, the Court received a letter from Petitioner in which he requests that the “fire department” conduct “mock civil defense evacuation disast[er] drills at elementary schools.” (ECF 3.) Plaintiff has not filed an IFP application or paid the fee.Accordingly, the petition is dismissed without prejudice. See 28 U.S.C. §§ 1914, 1915.
Public records maintained by the New York City Department of Correction show that on December 7, 2023, Plaintiff was released to a state hospital. No further information about Petitioner's whereabouts is publicly available. Petitioner did not provide the court with a current address and has had no further contact with the court.
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).
The Court directs the Clerk of Court to enter judgment.
SO ORDERED.