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Useche v. State

United States District Court, Southern District of New York
Jul 13, 2021
21-CV-4185 (LTS) (S.D.N.Y. Jul. 13, 2021)

Opinion

21-CV-4185 (LTS)

07-13-2021

MARKUS USECHE, Plaintiff, v. THE STATE OF NEW YORK; THE DEPARTMENT OF CORRECTION, Defendants.


ORDER OF DISMISSAL

LAURA TAYLOR SWAIN, Chief United States District Judge:

By order dated May 20, 2021, 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 $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 an IFP application and 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 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

Useche v. State

United States District Court, Southern District of New York
Jul 13, 2021
21-CV-4185 (LTS) (S.D.N.Y. Jul. 13, 2021)
Case details for

Useche v. State

Case Details

Full title:MARKUS USECHE, Plaintiff, v. THE STATE OF NEW YORK; THE DEPARTMENT OF…

Court:United States District Court, Southern District of New York

Date published: Jul 13, 2021

Citations

21-CV-4185 (LTS) (S.D.N.Y. Jul. 13, 2021)