Genao v. 5th precinct

District Court, S.D. New York

Genao v. 5th precinct

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ELVIN GENAO, Plaintiff, 20-CV-2834 (CM) ~against- ORDER OF DISMISSAL 5TH PRECINCT, UNDER

28 U.S.C. § 1651

Defendant. COLLEEN McMAHON, Chief United States District Judge: Plaintiff brings this action pro se. Plaintiff has not paid the filing fees or submitted an application to proceed without prepayment of fees, that is, in forma pauperis (“IFP”), to bring this action. On June 5, 2019, the Court barred Plaintiff from filing any new federal civil action IFP without first obtaining from the Court leave to file. See Genao v. Saint Pauls Church, 1:19-CV- 2704, 6 (S.D.N.Y. June 5, 2019). To the extent that Plaintiff seeks to bring this complaint IFP, the Court dismisses this action without prejudice for Plaintiffs failure to comply with the June 5, 2019 order. 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). SO ORDERED. Dated: April 7, 2020 , New York, New York hie. Iu Wil COLLEEN MeMAHON Chief United States District Judge

Reference

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