From Casetext: Smarter Legal Research

Martinez v. Dep't of Corr.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Jan 5, 2021
20-CV-9422 (CM) (S.D.N.Y. Jan. 5, 2021)

Opinion

20-CV-9422 (CM)

01-05-2021

JONATHAN MARTINEZ, Plaintiff, v. DEPARTMENT OF CORRECTIONS, et al., Defendants.


ORDER OF DISMISSAL

COLLEEN MCMAHON, CHIEF UNITED STATES DISTRICT JUDGE.

By order dated November 19, 2020, 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 $400.00 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. Plaintiff has not filed an IFP application and prisoner authorization or paid the fee. Accordingly, the complaint is dismissed without prejudice. See 28 U.S.C. §§ 1914, 1915.

The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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).

SO ORDERED.


Summaries of

Martinez v. Dep't of Corr.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Jan 5, 2021
20-CV-9422 (CM) (S.D.N.Y. Jan. 5, 2021)
Case details for

Martinez v. Dep't of Corr.

Case Details

Full title:JONATHAN MARTINEZ, Plaintiff, v. DEPARTMENT OF CORRECTIONS, et al.…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Jan 5, 2021

Citations

20-CV-9422 (CM) (S.D.N.Y. Jan. 5, 2021)