Newman v. Park

District Court, S.D. New York

Newman v. Park

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MAURICE NEWMAN, Plaintiff, 20-CV-5353 (CM) -against- ORDER OF DISMISSAL JUNG A. PARK, et al., Defendants. COLLEEN McMAHON, Chief United States District Judge: By order dated July 21, 2020, the Court directed Plaintiff, within thirty days, to either pay the $400.00 in fees that are required to file a civil action in this court or submit a completed request to proceed in forma pauperis (FP) application. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an IFP application or paid the filing 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: September 18, 2020 , New York, New York Bu. ly Hk COLLEEN McMAHON Chief United States District Judge

Reference

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