Bourguignon v. Superintendent ( 2020 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NIXON BOURGUIGNON, 20-CV-1834 (CM) Petitioner. ORDER OF DISMISSAL COLLEEN McMAHON, Chief United States District Judge: By order dated March 4, 2020, the Court granted Petitioner sixty days’ leave to file a petition under 28 U.S.C. § 2254. That order specified that failure to comply would result in dismissal of the action without prejudice. Petitioner has not filed a petition. Accordingly, the action, filed in forma pauperis pursuant to 28 U.S.C. § 1915(a)(1), is dismissed without prejudice to any future § 2254 petition filed by Petitioner. 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 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). 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. SO ORDERED. Dated: June 26, 2020 New York, New York hie. Iu Wek Chief United States District Judge