Reid v. Walker ( 2022 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CLYDE REID, Petitioner, 22-CV-6564 (LTS) -against- ORDER OF DISMISSAL WARDEN W. WALKER, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated August 3, 2022, the Court directed Petitioner, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP application”) or pay the $5.00 in fees required to file a habeas corpus petition in this court. That order specified that failure to comply would result in dismissal of the petition. On August 23, 2022, the order was returned to the Court with a notation on the envelope indicating that Petitioner is no longer held at that facility. Petitioner has not complied with the Court’s order, has failed to notify the Court of a change of mailing address, and has not initiated any further contact with the Court, written or otherwise Accordingly, the petition is dismissed without prejudice. See 28 U.S.C. §§ 1914, 1915. 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 issue judgment in this case. SO ORDERED. Dated: September 12, 2022 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge