Randolph v. Wilson

District Court, S.D. New York

Randolph v. Wilson

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RYAN RANDOLPH, Plaintiff, 20-CV-9678 (CM) -against- ORDER OF DISMISSAL OFFICER WILSON, Defendant. COLLEEN McMAHON, Chief United States District Judge: By order dated January 5, 2021, and February 2, 2021, the Court directed Plaintiff to submit a completed prisoner authorization or pay the $400.00 in fees required to file a civil action in this Court. Those orders specified that failure to comply would result in dismissal of the complaint. On February 17, 2021, Plaintiff filed a letter requesting a 120-day extension to pre- pay the filing fee. Plaintiff’s request is denied. As Plaintiff has not filed a prisoner authorization or paid the fee, 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: March 12, 2021 , New York, New York hie. ly Wk COLLEEN McMAHON Chief United States District Judge

Reference

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