Canzoneri McCormick v. Apple

District Court, S.D. New York

Canzoneri McCormick v. Apple

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JO ANNA CANZONERI McCORMICK, an individual, et al.; JOHN DOES 1−1000; JANE DOES 1−1000, Plaintiffs, 19-CV-9088 (CM) -against- ORDER OF DISMISSAL UNDER

28 U.S.C. § 1651

APPLE, a business entity, et al.; JOHN DOES 1−1000; JANE DOES 1−1000, inclusive Defendants. COLLEEN McMAHON, Chief United States District Judge: On December 8, 2011, Plaintiff Jo Anna Canzoneri McCormick was barred from filing any new action in forma pauperis (IFP) without first obtaining from the Court leave to file. See Canzoneri, et al., v. Tribune, et al., ECF 1:11-CV-6614, 6 (S.D.N.Y. Dec. 8, 2011). Plaintiff files this new pro se case and has not paid the filing fee or sought leave from the Court to bring this action. This action is therefore dismissed without prejudice for Plaintiff’s failure to comply with the December 8, 2011 order. The Clerk of Court is directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket. The Clerk of Court is directed to docket this as a “written opinion” within the meaning of Section 205(a)(5) of the E-Government Act of 2002. 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). SO ORDERED. Dated: October 1, 2019 New York, New York hie □ Wyk COLLEEN McMAHON Chief United States District Judge

Reference

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