Opinion
21-CV-5487 (LTS)
08-04-2021
DARIUS DUBARRY; HARRY RIVERA; JAYQUAN GRIFFIN, Plaintiffs, v. MICHAEL CAPRA, SUPERINTENDENT, ET AL., Defendants.
ORDER OF DISMISSAL
LAURA TAYLOR SWAIN, Chief United States District Judge.
By order dated June 23, 2021, the Court directed Plaintiff Jayquan Griffin, within thirty days, to submit an amended 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 Griffin has not filed an amended prisoner authorization or paid the fees. Accordingly, Plaintiff Jayquan Griffin is dismissed from this action, without prejudice to his refiling his claims. See 28 U.S.C. §§ 1914, 1915.
Plaintiff Griffin's prisoner authorization directed that payment be made to the United States District Court for the Eastern District of New York. This order does not affect the claims of Plaintiffs Dubarry and Rivera.
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 Clerk of Court is directed to mail a copy of this order to Plaintiffs and note service on the docket.