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17-421 - Wingate v. Megias et al


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17-421 - Wingate v. Megias et al
March 17, 2017
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MEMORANDUM AND ORDER: The Court declines to reconsider its decision denying the plaintiff's request proceed in forma pauperis pursuant to 28 U.S.C. § 1915(g). If the plaintiff wishes to proceed with this action, he must submit the $400 filing fee, payable to the Clerk of Court, Eastern District of New York within 30 days. If the plaintiff does not pay the filing fee within the time allowed, the Clerk of Court shall enter judgment dismissing this action without prejudice. All further proceedings shall be stayed for 30 days. If the plaintiff seeks to be released from custody and he challenges a final state court conviction, he may file a separate action for a writ of habeas corpus in accordance with 28 U.S.C. § 2254. The Court offers no opinion on the merits of such an action. The Clerk of Court is directed to send the plaintiff a form habeas corpus petition under 28 U.S.C. § 2254. The Court certifies pursuant to 28 U.S.C. § l915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Ordered by Judge Ann M. Donnelly on 3/16/2017. (Greene, Donna)