Peralta v. McCarthy

District Court, S.D. New York

Peralta v. McCarthy

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOSE FERNANDEZ RAMOS PERALTA, Plaintiff, 24-CV-4767 (LTS) -against- ORDER OF DISMISSAL DANIEL T. McCARTHY, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated July 2, 2024, the Court directed Plaintiff, within 30 days, to submit a completed prisoner authorization or pay the $405.00 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 prisoner authorization or paid the fees.1 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).

1 On August 21, 2024, Plaintiff submitted a letter to the court in which he indicated that his family will be inquiring with the court about payment of the $405.00 in fees. (ECF 6.) There is no indication, however, of any inquiry with the court or of payment of the fees. The Clerk of Court is directed to enter judgment dismissing this action. SO ORDERED. Dated: September 13, 2024 New York, New York

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

Reference

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