McCormick v. Tribune Company

District Court, S.D. New York

McCormick v. Tribune Company

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JO ANNA CANZONERI McCORMICK, Plaintiff, 1:20-CV-3467 (CM) ~against- ORDER OF DISMISSAL TRIBUNE COMPANY, a business entity, et al., UNDER

28 U.S.C. § 1651

Defendants. COLLEEN McMAHON, Chief United States District Judge: On December 8, 2011, District Judge Loretta A. Preska of this Court barred Plaintiff from filing any new civil action in this Court in forma pauperis (IFP) without first obtaining from the Court leave to file. Canzoneri v. Tribune, A Business Entity, ECF 1:11-CV-6614, 6 (S.D.N.Y. Dec. 8, 2011). On April 30, 2020, the Court received Plaintiff's complaint commencing the present pro se action. And while Plaintiff has not filed an application to proceed IFP, she has also not paid the relevant fees to bring this action. In addition, Plaintiff has not sought leave to file this action. The Court therefore dismisses this action without prejudice because of Plaintiff’s failure to comply with Judge Preska’s December 8, 2011 order in Canzoneri, ECF 1:11-CV-6614. The Court directs the Clerk of Court to mail a copy of this order to Plaintiff and note service on the docket. 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 IFP status is denied for the purpose of an appeal. See Coppedge v. United States,

369 U.S. 438, 444-45

(1962). SO ORDERED. Dated: May 8, 2020 , New York, New York hie. Iu Wyk Chief United States District Judge

Reference

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