Rodriguez v. United States of America

District Court, S.D. New York

Rodriguez v. United States of America

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOSE RODRIGUEZ, Plaintiff, 1:21-CV-4300 (LTS) -against- ORDER OF DISMISSAL UNITED STATES OF AMERICA, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated May 24, 2021, the Court directed Plaintiff, within thirty days, to submit a completed prisoner authorization for this court or pay the $402 in fees required to file a civil action in this court. That order specified that failure to comply would result in dismissal of this action. Plaintiff has not filed a prisoner authorization for this court or paid the fees. Accordingly, the Court dismisses this action 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 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 an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: July 26, 2021 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

Reference

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