Queiroz v. The State of New York

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CHRISTOPHER QUEIROZ, Plaintiff, -against- 21-CV-4173 (LTS) THE STATE OF NEW YORK; THE ORDER OF DISMISSAL DEPARTMENT OF CORRECTION, Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated May 13, 2021, the Court directed Plaintiff to either tender the $402.00 in fees that are required to file a civil action in this court or submit a completed request to proceed in forma pauperis (IFP) and prisoner authorization within thirty days. On May 27, 2021, the order was returned to the Court with a notation on the envelope indicating that the mail was not deliverable as addressed. Public records maintained by the New York City Department of Correction show that Plaintiff is no longer in its custody.

Plaintiff has not complied with the Court’s order, has failed to notify the Court of a change of mailing address, and has not 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 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).

The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket.

SO ORDERED.

Dated: June 29, 2021 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge