Cabreja v. Otis Bantum Correctional Facility

District Court, S.D. New York

Cabreja v. Otis Bantum Correctional Facility

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK IVAN CABREJA, Plaintiff, 24-CV-9639 (LTS) -against- ORDER OF DISMISSAL OTIS BANTUM CORRECTIONAL FACILITY, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated December 19, 2024, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP application”) and 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 the complaint. On January 13, 2025, the Court received notification from the U.S. Postal Service that the December 19, 2024 order was undeliverable. Plaintiff has not filed an IFP application and prisoner authorization, paid the fees, or otherwise communicated with the court. Accordingly, the 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 Court directs the Clerk of Court to enter judgment in this case. SO ORDERED. Dated: January 27, 2025 New York, New York

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

Reference

Status
Unknown