Agnew v. Department of Corrections, City of New York

District Court, S.D. New York

Agnew v. Department of Corrections, City of New York

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOSEPH AGNEW, Plaintiff, -against- 22-CV-1010 (LTS) DEPARTMENT OF CORRECTIONS, CITY ORDER OF DISMISSAL OF NEW YORK; VINCENT SCHRALDI; WARDEN CARTER, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated February 7, 2022, the Court directed Plaintiff, within thirty days, to either pay 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. On February 22, 2022, the order was returned to the Court with a notation on the envelope indicating that Plaintiff is no longer held at that facility. 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 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: March 10, 2022 New York, New York

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

Reference

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