Martinez v. Commissioner of Social Security
Martinez v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ANTONIO MARTINEZ, Plaintiff, . ORDER OF DISMISSAL -against- —e—waeesw COMMISSIONER OF SOCIAL SECURITY, 20 CV 10142 (VB) Defendant. VINCENT L. BRICCETTI, United States District Judge: Because plaintiff had filed only one page of the two-page IFP application and the Court could not determine if IFP status should be granted, by Order dated December 4, 2020, the Court instructed plaintiff to submit a fully-filled IFP application or pay the $400.00 filing fee by January 2021. The Court warned that if plaintiff failed to comply with the Order within the time allowed, the action would be dismissed. (Doc. #5). To date, plaintiff has not filed a fully-filled IFP application or the $400 filing fee. Accordingly, this case is dismissed without prejudice. Chambers will mail a copy of this Order to plaintiff at the address 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 in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States,
369 U.S. 438, 444-45(1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). The Clerk is directed to terminate this action. SO ORDERED. Dated: February 5, 2021 White Plains, New York VINCENT L. BRICCETTI United States District Judge
Reference
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