Grandoit v. Morris
Grandoit v. Morris
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------X MOISE GRANDOIT,
Plaintiff, ORDER -against- 20-CV-1434(JS)(AYS)
DAVID A. MORRIS, STEPHEN R. HELLMAN, KERRI N. LECHTRECKER, THERESA WHELAN, MICHAEL WILLIAMS,
Defendants. ----------------------------------X APPEARANCES For Plaintiff: Moise Grandoit, pro se 677 Essex Street, Part 1L Brooklyn, New York 11208
For Defendants: No appearances.
SEYBERT, District Judge: By Order dated May 5, 2020 (the “Order,” D.E. 5), the Court denied without prejudice the application to proceed in forma pauperis filed by pro se plaintiff Moise Grandoit (“Plaintiff”) (IFP Mot., D.E. 2). The Court granted Plaintiff leave to renew his application upon completion of the AO 239 Long Form In Forma Pauperis Application (“Long Form”) within fourteen (14) days from the date of the Order. The Order cautioned Plaintiff “that a failure to timely comply with this Order will lead to the dismissal of the Complaint without prejudice and judgment will enter.” (Order at 2). To date, Plaintiff has not filed the Long Form nor has he otherwise communicated with the Court. It appears that Plaintiff is no longer interested in pursing this Complaint and it is thus DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. Accordingly, the Court directs the Clerk of the Court to ENTER JUDGMENT AND CLOSE THIS CASE and to MAIL a copy of this Order
to the pro se Plaintiff at his last known address. 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, 444- 45,
82 S. Ct. 917,
8 L. Ed. 2d 21(1962).
SO ORDERED.
/s/ JOANNA SEYBERT _ JOANNA SEYBERT, U.S.D.J.
Dated: June 12 , 2020 Central Islip, New York
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Reference
- Status
- Unknown