In Re: Hester-Bey

Filing 10

MEMORANDUM AND ORDER: Plaintiff has not complied with the Court's order and the time for doing so has passed. Accordingly, the action is dismissed without prejudice. The Clerk of Court is directed to enter judgment and to close this case. The court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Chief Judge Carol Bagley Amon on 9/5/2014. (fwd for judgment) (Fernandez, Erica)

FILED

IN CLERK'S OFFICE
U.S. DISTRICT COURT E.O.N.Y.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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SEP 8 - 2014

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_ _ _ _ _ _ _ _ _ _ _ __,.9,..a........ ~OFFICE
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In Re: DAVID HESTER BEY,

MEMORANDUM
AND ORDER
14-CV-3903 (CBA)(LB)

AMON, Chief Judge:
On June 13, 2014, plaintiff, incarcerated at the California Department of Corrections and
Rehabilitation's Correctional Training Facility located in Soledad, California, initiated this pro
se action.

Plaintiff's submission did not include the requisite filing fee or in forma pauperis

("IFP") application or the Prisoner Authorization form; nor did it contain a complaint. By letter
filed June 25, 2014, plaintiff was provided with the proper forms and instructed that in order to
proceed, he must either pay the fee or return the completed IFP application and the Prisoner
Authorization form within 14 days from the date of the letter. Plaintiff was also provided with
instructions and a form for filing a civil rights complaint.
Although plaintiff did not comply with the Court's order, in an abundance of caution, by
Order dated August 5, 2014, the Court granted plaintiff an additional 14 days to submit: (1) either
the filing fee or a request to proceed IFP with the Prisoner Authorization form; and (2) a complaint
that complies with Rule 8 (a) of the Federal Rules of Civil Procedure. The Order further stated
that "if plaintiff fails to file the required documents within 14 days of entry of this Order, the action
shall be dismissed without prejudice and judgment will enter."
Plaintiff has not complied with the Court's order 1 and the time for doing so has passed.
Accordingly, the action is dismissed without prejudice. The Clerk of Court is directed to enter

1

Plaintiff has submitted other, nonresponsive, documents. See Docket nos. 7-8.

judgment and to close this case. The court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any
appeal would not be taken in good faith and therefore in forma pauperis status is denied for the
purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962).

SO ORDERED.

s/Carol Bagley Amon
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Dated: September ~ , 2014
Brooklyn, New York