McCormick v. USA
McCormick v. USA
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JO ANNA CANZONERI McCORMICK, Plaintiff, 18-CV-11195 (CM) -against- ORDER OF DISMISSAL UNITED STATES OF AMERICA, et al., UNDER
28 U.S.C. § 1651Defendants. COLLEEN McMAHON, Chief United States District Judge: On December 8, 2011, Judge Preska of this Court barred Plaintiff from filing any new civil action in forma pauperis (IFP) in this Court without first obtaining from the Court leave to file. (See Canzoneri v. Tribune, A Business Entity, ECF 1:11-CV-6614, 6.). On November 26, 2018, Plaintiff filed the present pro se action. And while Plaintiff has not filed an application to proceed in forma pauperis, she has not paid the relevant fees to bring this action. In addition, Plaintiff has not sought leave to file this action. The Court therefore dismisses this action without prejudice because of Plaintiff’s failure to comply with Judge Preska’s December 8, 2011 order in Canzoneri, No. 11-CV-6614. The Court directs the Clerk of Court to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. 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 IFP status is denied for the purpose of an appeal. See Coppedge v. United States,
369 U.S. 438, 444- 45 (1962). The Court directs the Clerk of Court to docket this order as a “written opinion” within the meaning of Section 205(a)(5) of the E-Government Act of 2002. SO ORDERED. Dated: August 13, 2019 , New York, New York hie l Wek COLLEEN McMAHON Chief United States District Judge
Reference
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