Vasquez v. Otis Bantum Correctional Facility

• Court: District Court, S.D. New York
• Decided: February 20, 2025
• Docket: 1:24-cv-09656
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOSE R. VASQUEZ, Plaintiff, 24-CV-9656 (LTS) -against- ORDER OF DISMISSAL OTIS BANTUM CORRECTIONAL FACILITY, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated December 20, 2024, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP application”) or pay the $405.00 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 Court directs the Clerk of Court to enter judgment in this case. SO ORDERED. Dated: February 20, 2025 New York, New York

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