Calderon v. Department of Corrections

District Court, S.D. New York

Calderon v. Department of Corrections

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DUNTRELL CALDERON, Plaintiff, 19-CV-10216 (CM) -against- DEPARTMENT OF CORRECTIONS; MDC ORDER OF DISMISSAL OFFICERS; CITY OF NEW YORK, Defendants. COLLEEN McMAHON, Chief United States District Judge: By order dated November 5, 2019, the Court directed Plaintiff, within thirty days, to submit a completed and signed prisoner authorization or pay the $400.00 in fees required to file a civil action.! That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not complied with the Court’s November 5, 2019 order. Accordingly, the complaint 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 1s 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: January 15, 2020 , New York, New York hi Wyk COLLEEN McMAHON Chief United States District Judge

' After a search of the New York City Department of Correction records revealed that Plaintiff was detained in a different facility, on December 10, 2019, the Clerk of Court remailed the November 5, 2019 order to Plaintiff.

Reference

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