Genao v. The City of New York

District Court, S.D. New York

Genao v. The City of New York

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ANTONIO GENAO, Plaintiff, 23-CV-11186 (LTS) -against- ORDER OF DISMISSAL THE CITY OF NEW YORK, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated January 4, 2024, the Court directed Plaintiff, within 30 days, to submit a completed request to proceed in forma pauperis (“IFP”) 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 the complaint. On January 17, 2024, the order was returned to the Court with a notation on the envelope indicating that the mail was undeliverable to the address Plaintiff had provided and that it could not be forwarded. 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, filed IFP pursuant to

28 U.S.C. § 1915

(a)(1), 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: February 29, 2024 New York, New York

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

Reference

Status
Unknown