Hall v. Corenzo

District Court, S.D. New York

Hall v. Corenzo

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ISAIAH J. HALL, Plaintiff, 22-CV-7436 (LTS) -against- ORDER OF DISMISSAL CORENZO, CEO OFFICER ON RIKERS ISLAND, et al, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated September 14, 2022, the Court directed Plaintiff, within 30 days, to pay the $402.00 in filing fees that are required to file a civil action in this court or submit a completed request to proceed in forma pauperis (IFP). That order specified that failure to comply would result in dismissal of the complaint. On October 17, 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 and has failed to notify the Court of a change of mailing address. 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 enter judgment in this case. SO ORDERED. Dated: November 7, 2022 New York, New York

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

Reference

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