Whitfield v. Operation
Whitfield v. Operation
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DEMETRIUS WHITFIELD,
against Plaintiff, 20-CV-7725 (CM) OPERATION, et al, ORDER OF DISMISSAL Defendants. COLLEEN McMAHON, Chief United States District Judge: By order dated September 21, 2020, the Court directed Plaintiff 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 (IFP application) within thirty days. On October 19, 2020, the order was returned to the Court with a notation on the envelope indicating that the mail was undeliverable to that address. Plaintiff has not complied with the Court’s order, has failed to notify the Court of a change of mailing address, and has not initiated any further contact with the Court, written or otherwise. Accordingly, Plaintiff’s complaint, filed in forma pauperis pursuant to
28 U.S.C. § 1915(a)(1), is dismissed without prejudice. See
28 U.S.C. §§ 1914, 1915. 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: November 4, 2020 , New York, New York hie. Iu Wek Chief United States District Judge
Reference
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