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Smith v. C.O. Banks

United States District Court, S.D. New York
Sep 7, 2021
21-CV-6178 (LTS) (S.D.N.Y. Sep. 7, 2021)

Opinion

21-CV-6178 (LTS)

09-07-2021

WILLIE SMITH, Plaintiff, v. C.O. BANKS; CPT. ALEXIS; CPT. KELLY; CPT. SMART, Defendants.


ORDER OF DISMISSAL

LAURA TAYLOR SWAIN, CHIEF UNITED STATES DISTRICT JUDGE

By order dated July 20, 2021, the Court directed Plaintiff, within thirty days, to submit a completed prisoner authorization or pay the $402.00 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 a prisoner authorization or paid the fees. 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 in forma pauperis 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

Smith v. C.O. Banks

United States District Court, S.D. New York
Sep 7, 2021
21-CV-6178 (LTS) (S.D.N.Y. Sep. 7, 2021)
Case details for

Smith v. C.O. Banks

Case Details

Full title:WILLIE SMITH, Plaintiff, v. C.O. BANKS; CPT. ALEXIS; CPT. KELLY; CPT…

Court:United States District Court, S.D. New York

Date published: Sep 7, 2021

Citations

21-CV-6178 (LTS) (S.D.N.Y. Sep. 7, 2021)