McIver v. Department of Social Services

District Court, S.D. New York

McIver v. Department of Social Services

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TAMICKO MURRAY McIVER, Plaintiff, 21-CV-0783 (CM) -against- ORDER OF DISMISSAL DEPARTMENT OF SOCIAL SERVICES, Defendant. COLLEEN McMAHON, Chief United States District Judge: By order dated February 2, 2021, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP application”) or pay the $402.00 in fees required to file a civil action in this Court. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an IFP application or paid the fees. Accordingly, the Court dismisses the complaint without prejudice. See

28 U.S.C. §§ 1914

, 1915. Plaintiff has consented to receive electronic service of notices and documents in this action. (ECF 2.) 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 24, 2021 New York, New York hie, l Hk COLLEEN McMAHON Chief United States District Judge

Reference

Status
Unknown