Plummer v. Department of Corrections
Plummer v. Department of Corrections
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ORLANDO PLUMMER, Plaintiff, 20-CV-9489 (CM) -against- ORDER OF DISMISSAL COMMISSIONER CYNTHIA BRANN, et al., Defendants. COLLEEN McMAHON, Chief United States District Judge: By order dated November 13, 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 and prisoner authorization within thirty days.1 That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not paid the filing fees or filed an IFP application and prisoner authorization. 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.
1 On December 1, 2020, the filing fees required to file a federal civil action increased to $402.00 – a $350.00 filing fee plus a $52.00 administrative fee. Because Plaintiff’s action was filed prior to December 1, 2020, the increased filing fees do not apply to this action. 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: January 6, 2021 , New York, New York hie. ly Wyk COLLEEN McMAHON Chief United States District Judge
Reference
- Status
- Unknown