Rivera v. The Bank of New York Mellon

Filing 5

ORDER DISMISSING CASE: For the reasons described in the attached Memorandum & Order, this action 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 f aith and therefore denies in forma pauperis status for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is respectfully requested to close this case. Ordered by Judge Pamela K. Chen on 3/12/2025. (MLB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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DANETTE RIVERA,
Plaintiff,

MEMORANDUM & ORDER
25-CV-0681 (PKC)

- against THE BANK OF NEW YORK MELLON,
Defendant.
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PAMELA K. CHEN, United States District Judge:

Plaintiff Danette Rivera (“Plaintiff”), proceeding pro se, commenced this action
concerning a mortgage foreclosure related to a property in Queens County, New York. (See
generally Compl., Dkt. 1.) Plaintiff applied to proceed in forma pauperis (“IFP”). (IFP Mot.,
Dkt. 2.) By Order dated February 10, 2025, this Court denied Plaintiff’s IFP application without
prejudice to renew, and directed Plaintiff to cure the filing deficiency within 14 days of the date
of that Order by either (1) paying the requisite filing fee to the Clerk of Court of the United States
District Court for the Eastern District of New York; or (2) submitting a complete Long Form IFP
application that demonstrates indigency. (2/10/2025 Mem. & Order, Dkt. 4 at 3.) The Order
warned that the Court would dismiss Plaintiff’s action if she did not comply.
not responded to the Court’s Order, and the time for doing so has passed.
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(Id.) Plaintiff has

Accordingly, this action 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 denies in forma pauperis status for the purpose of an appeal. See Coppedge v. United
States, 369 U.S. 438, 444–45 (1962). The Clerk of Court is respectfully requested to close this
case.
SO ORDERED.

Dated:

/s/ Pamela K. Chen
Pamela K. Chen
United States District Judge

March 12, 2025
Brooklyn, New York

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