McCray v. Superintendent ( 2020 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ROBERT L. McCRAY, Petitioner, 1:20-CV-3994 (CM) -against- ORDER OF DISMISSAL SUPERINTENDENT OF THE GREEN HAVEN CORRECTIONAL FACILITY, Respondent. COLLEEN McMAHON, Chief United States District Judge: By order dated July 17, 2020, the Court directed Petitioner to show cause, within 30 days, why the Court should not dismiss this action without prejudice to Petitioner’s claims for habeas corpus relief in McCray v. Royce, 1:20-CV-4127. The Court warned Petitioner that if he failed to show cause within the time allowed, the Court would dismiss this action without prejudice to Petitioner’s claims for habeas corpus relief in McCray, 1:20-CV-4127. Petitioner has failed to show cause within the time allowed. Accordingly, the Court dismisses this action without prejudice to Petitioner’s claims for habeas corpus relief in McCray, 1:20-CV-4127. The Court directs the Clerk of Court to mail a copy of this order to the Petitioner and note service on the docket. 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, 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). SO ORDERED. Dated: September 18, 2020 , New York, New York hie. I Wik Chief United States District Judge