Mobley v. Nelson et al

Filing 7

ORDER; Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be tak en in good faith and therefore in forma pauperis status is DENIED for the purpose of any appeal. The Clerk of the Court is directed to CLOSE this case and to mail a copy of this Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 2/7/2017. C/M (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------X
GERALD JABBAR MOBLEY,
Plaintiff,
-against-

ORDER
16-CV-6829(JS)(AYS)

DETECTIVE ERIK NELSON,
GIANNINA BERROCAL, A.D.A.,
and CITY OF NEW YORK,
Defendants.
----------------------------------X
APPEARANCES
For Plaintiff:
Gerald Jabbar Mobley, pro se
8751600870
Robert N. Davoren Complex (RNDC)
11-11 Hazen Street, C-74
East Elmhurst, NY 11370
For Defendants:

No appearances.

SEYBERT, District Judge:
On December 5, 2016, pro se plaintiff Gerald Jabbar
Mobley (“Plaintiff”) filed a Complaint in this Court accompanied by
an application to proceed in forma pauperis.

However, Plaintiff

did not file the required Prisoner Authorization Form (“Form”).
Accordingly,

by

Notice

of

Deficiency

dated

December

9,

2016

(“Notice”), Plaintiff was instructed to complete and return the
enclosed Form within fourteen (14) days from the date of the Notice
in order for his case to proceed. Plaintiff was cautioned that his
failure to timely filed the Form may lead to the dismissal of his
Complaint without prejudice and this case would be marked closed.
To date, Plaintiff has not filed the Form nor has he
otherwise communicated with the Court.

Accordingly, Plaintiff’s

Complaint is DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule
of Civil Procedure 41(b) for failure to prosecute.
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 the purpose of
any appeal.

See Coppedge v. United States, 369 U.S. 438, 444-45,

82 S. Ct. 917, 8 L. Ed. 2d 21 (1962).
The Clerk of the Court is directed to CLOSE this case and
to mail a copy of this Order to the pro se Plaintiff.

SO ORDERED.

/s/ JOANNA SEYBERT
JOANNA SEYBERT, U.S.D.J.
Dated:

February
7 , 2017
Central Islip, New York

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