Reid v. Eric M. Taylor Center

District Court, S.D. New York

Reid v. Eric M. Taylor Center

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ANTHONY REID, Plaintiff, 23-CV-9316 (LTS) -against- ORDER OF DISMISSAL ERIC M. TAYLOR CENTER, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is proceeding pro se, filed this action while he was incarcerated in the Eric M. Taylor Center (“EMTC”) on Rikers Island. By order dated October 31, 2023, the Court directed Plaintiff to either pay the $402.00 in fees that are required to file a civil action in this court or submit a completed request to proceed in forma pauperis (“IFP”) and prisoner authorization within 30 days. That order specified that failure to comply would result in dismissal of the complaint. On December 1, 2023, the order was returned to the Court with a notation on the envelope indicating that Plaintiff had been discharged from custody. 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

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