Opinion
20-CV-756 20-CV-757 20-CV-759 20-CV-871 20-CV-931 (CM)
02-19-2020
IN RE: ERNEST CALVINO
ORDER OF DISMISSAL UNDER 28 U.S.C. § 1651 :
On January 10, 2020, the Court ordered Plaintiff to show cause why he should not be barred as of that date, from filing any further actions in this Court in forma pauperis (IFP) without first obtaining permission from this Court to file his complaint. See Calvino v. Fauto L., ECF 1:19-CV-11958, 4 (S.D.N.Y. Jan. 10, 2020). Plaintiff did not respond to the order, and on February 11, 2020, the Court barred him, as of January 10, 2020, from filing any new action IFP without first obtaining from the Court leave to file. See ECF 1:19-CV-11958, 5.
Plaintiff filed these new pro se cases after January 10, 2020, seeks IFP status, and has not sought leave from the Court. These actions are therefore dismissed without prejudice for Plaintiff's failure to comply with the February 11, 2020 order.
CONCLUSION
This action is dismissed without prejudice for Plaintiff's failure to comply with the February 11, 2020 order in Calvino v. Fauto L., ECF 1:19-CV-11958, 4 (S.D.N.Y. Jan. 10, 2020).
The Clerk of Court is directed to mail a copy of this order to Plaintiff, noting service on the docket. The Clerk of Court is further directed to docket this order in all the cases listed above.
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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. Dated: February 19, 2020
New York, New York
/s/_________
COLLEEN McMAHON
Chief United States District Judge