Arriaga v. Annucci

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CARLOS ARRIAGA, Plaintiff, -against- 23-CV-6896 (LTS) ANTHONY ANNUCCI, COMMISSIONER, ORDER OF DISMISSAL NYS DOCCS; JOSEPH SERGEANT; JOHN DOE, OFFICE IN CHANRGE; JOHN DOE, ESCORTING OFFICER, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated August 8, 2023, 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 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 enter judgment in this action. All pending matters are terminated. SO ORDERED. Dated: October 12, 2023 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge