Opinion
22-CV-6545 (LTS)
10-03-2022
MARK STEVENS, Petitioner, v. S. WALKER, Warden at R.N.D.C. C-74, Respondent.
ORDER OF DISMISSAL
LAURA TAYLOR SWAIN, Chief United States District Judge
By order dated August 2, 2022, the Court directed Petitioner, within thirty days, to submit a completed request to proceed in forma pauperis (IFP) or pay the $5.00 filing fee. 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.
Public records maintained by the New York City Department of Correction show that Petitioner was released on September 12, 2022. See https://a073-ils-web.nyc.gov/inmatelookup/pages/detail/body.jsf.
Because the petition makes no 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 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 Clerk of Court is directed to enter judgment in this case.
SO ORDERED.