Cooper v. New York City Department of Corrections

District Court, S.D. New York

Cooper v. New York City Department of Corrections

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NASIR COOPER, Plaintiff, -against- 19-CV-10218 (CM) NEW YORK CITY DEPARTMENT OF ORDER OF DISMISSAL CORRECTIONS, Defendant. COLLEEN McMAHON, Chief United States District Judge: By order dated November 5, 2019, the Court directed Plaintiff to either pay the $400.00 in fees that are required to file a civil action in this court or submit a completed request to proceed in forma pauperis (“IFP application’) within thirty days. On December 4, 2019, the order was returned to the Court with a notation on the envelope indicating that it was being returned to sender. Plaintiff has not complied with the Court’s order, has failed to notify the Court of a change of mailing address, and has not initiated any further contact with the Court. Accordingly, Plaintiff's complaint, filed in forma pauperis pursuant to

28 U.S.C. § 1915

(a)(1), 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 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). Dated: December 5, 2019 , New York, New York hie. Iu Wyk Chief United States District Judge

Reference

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