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15-5354 - Slide v. Lee

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15-5354 - Slide v. Lee
January 13, 2016
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ORDER TO SHOW CAUSE: It is ORDERED that (1) Within thirty (30) days of this Order, petitioner shall either Show Cause why the Court should not dismiss his mixed petition in its entirety; or alternatively, the petitioner submit an amended petition omitting his unexhausted claim and proceeding with the exhausted claims. If the petitioner fails to respond, the Court may dismiss the petition without prejudice. (2) Within fourteen (14) days of this Order, petitioner must notify the Court in writing of the status of his CPL § 440.20 proceeding and whether it is still pending. Also, in the event that petitioners CPL § 440.20 proceeding concludes after petitioner initially responds to this Order, he must inform the Court in writing within fourteen (14) days of when the proceeding concludes. Furthermore, the Court finds that petitioners financial status, as set forth in petitioners declaration, qualifies him to commence this action without prepayment of the filing fee. Accordingly, petitioners application to proceed in forma pauperis is GRANTED. 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 any appeal. See Coppedge v. United States, 369 U.S. 438, 44445, 82 S. Ct. 917, 8 L. Ed 2d 21 (1962). The Clerk of Court is directed to mail a copy of this Order to petitioner. Ordered by Judge Joan M. Azrack on 1/13/2016. c/m to pro se Petitioner via first class mail. (Ortiz, Grisel)