Mojica v. Director of Federal Bureau of Prisons

District Court, S.D. New York

Mojica v. Director of Federal Bureau of Prisons

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JASON L. MOJICA, Plaintiff, 1:21-CV-10504 (LTS) -against- ORDER OF DISMISSAL DIRECTOR OF FEDERAL BUREAU OF PRISONERS, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated December 9, 2021, the Court directed Plaintiff, within 30 days, to submit a completed and signed request to proceed in forma pauperis (“IFP application”) and prisoner authorization 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 this action. Plaintiff has not filed an IFP application and prisoner authorization or paid the fees. Accordingly, the Court dismisses this action 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 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). The Court directs the Clerk of Court to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. Dated: February 9, 2022 New York, New York

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

Reference

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