Gershberg v. Social Security Administration City of New York, NY Pension

District Court, S.D. New York

Gershberg v. Social Security Administration City of New York, NY Pension

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK YEFIM GERSHBERG, Plaintiff, -against- 1:19-CV-5235 (CM) SOCIAL SECURITY ADMINISTRATION ORDER OF DISMISSAL CITY OF NEW YORK, NY (PENSION), et al., Defendants. COLLEEN McMAHON, Chief United States District Judge: By order dated October 15, 2019, the Court directed Plaintiff, within thirty days, to submit a completed amended request to proceed in forma pauperis (“IFP application’’) or pay the $400.00 in fees required to file a civil action in this Court. That order specified that failure to comply would result in dismissal of this action. Plaintiff has not filed an amended IFP application or paid the fees. Accordingly, this action is dismissed without prejudice. See

28 U.S.C. §§ 1914

, 1915. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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 in forma pauperis 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: November 26, 2019 , New York, New York hie. Iu Wek Chief United States District Judge

Reference

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