Kemp v. McCarthy ( 2024 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK GARY KEMP, Petitioner, 1:24-CV-0504 (LTS) -against- ORDER KEVIN McCARTHY, Respondent. LAURA TAYLOR SWAIN, Chief United States District Judge: The Court directs the Clerk of Court to file the original petition in this action as the second amended petition in Kemp v. Noeth, 1:20-CV-9121 (RA) (SN) (S.D.N.Y.). The Court also directs the Clerk of Court to administratively close this action. 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: March 4, 2024 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge