Stevens v. Department of Corrections

District Court, S.D. New York

Stevens v. Department of Corrections

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JONATHAN STEVENS, Plaintiff, 20-CV-9423 (CM) -against- ORDER OF DISMISSAL DEPARTMENT OF CORRECTIONS, et al., Defendants. COLLEEN McMAHON, Chief United States District Judge: Plaintiff is detained at the Vernon C. Bain Center. By order dated November 17, 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. That order alerted Plaintiff that if he failed to comply within the time allowed, the action would be dismissed. (ECF 3.) Plaintiff has not complied with the Court’s order or initiated any further contact with the Court, written or otherwise. Accordingly, Plaintiff’s complaint, filed IFP pursuant to

28 U.S.C. § 1915

(a)(1), 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: January 19, 2021 , New York, New York hie ly Wk COLLEEN McMAHON Chief United States District Judge

Reference

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