Opinion
19-CV-2053 (CM)
03-26-2019
SHEILA WOLK, Plaintiff, v. STEPHEN ORMEROD, Defendant.
ORDER :
By order dated February 12, 2019, Magistrate Judge Nathaniel J. Fox directed Plaintiff to file: (1) proposed findings of fact and conclusions of law; and (2) a memorandum of law. See Wolk v. Ormerod, No. 18-CV-3020 (VSB) (KNF) (ECF No. 28). On March 5, 2019, Plaintiff filed proposed finding of facts and conclusions of law and an affidavit. (Id. at ECF Nos. 29-30.)
On the same day, the Clerk of Court received from Plaintiff a separate mailing that included: (1) a copy of her complaint in the 18-CV-0320 matter; (2) a copy of the findings of fact and conclusions of law; and (3) a copy of the affidavit. See No. 19-CV-2053 (UA) (ECF Nos. 1-3.) She also attached a certificate of service and included the 18-CV-0320 docket number in the caption. See No. 18-CV-3020 (ECF No. 1 at 22). Plaintiff did not submit an application to proceed in forma pauperis or pay the filing fees with this submission. The Clerk of Court opened the complaint as a new civil action.
After reviewing this recent submission, the Court concludes that Plaintiff did not intend to file a new civil action.
CONCLUSION
The Clerk of Court is directed to administratively close this action, No. 19-CV-2053.
The Clerk of Court is also directed to assign this matter to my docket, mail a copy of this order to Plaintiff, and note service on the docket.
The Clerk of Court is directed to docket this as a "written opinion" within the meaning of Section 205(a)(5) of the E-Government Act of 2002.
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. Dated: March 26, 2019
New York, New York
/s/_________
COLLEEN McMAHON
Chief United States District Judge