Neira Marquez v. Kirby Forensic Psychiatric Center

District Court, S.D. New York

Neira Marquez v. Kirby Forensic Psychiatric Center

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JONATHAN WILLIAM NEIRA MARQUEZ, Plaintiff, 22-CV-5678 (LTS) -against- ORDER OF DISMISSAL KIRBY FORENSIC PSYCHIATRIC CENTER, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated July 5, 2022, the Court denied Plaintiff’s application to proceed in forma pauperis because his application did not show that he was unable to pay the filing fee. The Court directed Plaintiff, within thirty days, to 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 paid the fees or responded to the Court’s order. Accordingly, the 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). Judgment shall issue. SO ORDERED. Dated: August 9, 2022 New York, New York

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

Reference

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