Ugwu v. United States
Ugwu v. United States
Trial Court Opinion
USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED . DR DOC #2 sete ___f 2 FILED: 6/15/2020 EMMANUEL UGWU, : DATE FILED:
Plaintiff, : : 19-CV-9239 (VSB) -against- : : ORDER UNITED STATES OF AMERICA, : Defendant. :
wane eK VERNON S. BRODERICK, United States District Judge: On September 27, 2019, Plaintiff filed a motion for return of seized property pursuant to Fed. R. Crim. P. 51(g) under the docket for his closed criminal case, United States v. Ugwu, 15- cr-417 (VSB). On October 4, 2019, I issued an order directing the Clerk of Court to construe Plaintiff's motion as a new civil action, (see Doc. 1), and the Clerk initiated the instant action. By Order dated October 9, 2019, I directed Plaintiff, within thirty days, to submit a completed prisoner authorization or pay the $400.00 in fees required to file a civil action in this Court. (Doc. 4.) That order specified that failure to comply would result in dismissal of the complaint. (See id.) To date, Plaintiff has not filed a prisoner authorization or paid the relevant fees. Accordingly, it is hereby: ORDERED that this action is DISMISSED without prejudice. See
28 U.S.C. §§ 1914, 1915. The Clerk of Court is directed to terminate the motion at Document 2, to close this case, and to mail a copy of this Order to the pro se Plaintiff. 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: June 15, 2020 f □ New York, New York Hf 1 .
Vernon S. Broderick United States District Judge
Reference
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