Pacheco v. 30th Precinct

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RODOLFO PACHECO, Plaintiff, 19-CV-11915 (CM) -against- ORDER OF DISMISSAL 30TH PRECINCT, et al., Defendants.

COLLEEN McMAHON, Chief United States District Judge: By order dated March 2, 2020, the Court directed Plaintiff, within thirty days, to submit a completed second amended request to proceed in forma pauperis (“second amended 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 a second amended 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 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: May 6, 2020 ; New York, New York Bu. ly Heh COLLEEN McMAHON Chief United States District Judge