Simon v. New York Common Pantry

District Court, S.D. New York

Simon v. New York Common Pantry

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ROBERT SIMON, Plaintiff, 19-CV-10627 (CM) -against- ORDER OF DISMISSAL NEW YORK COMMON PANTRY, et al., Defendants. COLLEEN McMAHON, Chief United States District Judge: By order dated January 3, 2020, the Court directed Plaintiff, within fifteen days, to submit a completed 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 the complaint. Plaintiff has not filed an IFP application or paid the fees. Accordingly, the complaint is dismissed without prejudice. See 28 U.S.C. $$ 1914, 1915. The Clerk of Court is directed to mail 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). SO ORDERED. Dated: January 27, 2020 , New York, New York huh Heh COLLEEN McMAHON Chief United States District Judge

Reference

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