Hatcher v. New York City D.O.C.

District Court, S.D. New York

Hatcher v. New York City D.O.C.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LEROY HATCHER, Plaintiff, 1:22-CV-6748 (LTS) -against- ORDER OF DISMISSAL NEW YORK CITY D.O.C., Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated August 15, 2022, the Court directed Plaintiff, within 30 days, to submit a completed 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 a completed 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 enter judgment in this action. SO ORDERED. Dated: October 18, 2022 New York, New York

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

Reference

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