In Re: Miller/Hyman

Filing 8

MEMORANDUM & ORDER: On 9/27/2013, the Clerk's Office mailed Miller a letter at the address listed on his complaint directing him to either submit a completed application to proceed in forma pauperis and a Prisoner Authorization Form or to pay the $ 350 filing fee to the Clerk of Court within 14 days. More than 14 days have passed and Miller has failed to respond. In line with the foregoing, plaintiff's complaint is dismissed without prejudice. The Court certifie s pursuant to 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 purpose of an appeal The Clerk of Court is directed to close this case for administrative purposes. SO ORDERED by Judge Eric N. Vitaliano, on 11/21/2013. C/mailed. (Latka-Mucha, Wieslawa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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In re: JERRELL MILLER,
MEMORANDUM & ORDER
Applicant.
13-cv-4919 (ENV)

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VITALIANO, D.J.,
On August 23,2013, Jerrell Miller, currently incarcerated at Upstate
Correctional Facility and proceeding pro se, filed the instant action seeking to
challenge the Constitutionality of New York Penal Law §70.45. Miller did not pay
the filing fee, nor did he file an application to proceed in forma pauperis and a
Prisoner Authorization Form. On September 27,2013, the Clerk's Office mailed
Miller a letter at the address listed on his complaint directing him to either submit a
completed application to proceed in forma pauperis and a Prisoner Authorization
Form or to pay the $350 filing fee to the Clerk of Court within 14 days. More than
14 days have passed and Miller has failed to respond.

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Conclusion
In line with the foregoing, plaintiff's complaint is dismissed without
prejudice.
The Court certifies pursuant to 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 purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45
(1962).
The Clerk of Court is directed to close this case for administrative purposes.

SO ORDERED.
Dated:

Brooklyn, New York
November 21, 2013

/S/ Judge Eric N. Vitaliano
ERic N. viTALiANO - ..... -~
United States District Judge

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