D'Ella v. Comissioner of Social Security

Filing 6

ORDER: SO ORDERED that the 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 t aken 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 mail a copy of this order to the plaintiff at her last known address and to mark this case closed. CM to pro se plaintiff. Ordered by Judge Joan M. Azrack on 5/9/2017. (Florio, Lisa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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NANCY D’ELLA,

FILED 
CLERK 

5/9/2017 12:23 pm

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

Plaintiff,
ORDER
16-CV-7045 (JMA)

-againstCOMMISSIONER OF SOCIAL SECURITY,
Defendant.
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AZRACK, United States District Judge:

By order dated March 10, 2017, the Court denied without prejudice the application of pro
se plaintiff Nancy D’Ella to proceed in forma pauperis and directed plaintiff to either remit the
$400 filing fee or complete and return the annexed AO 239 in forma pauperis application within
fourteen (14) days. Plaintiff was “cautioned that a failure to timely comply with this Order will
lead to the dismissal of the complaint without prejudice.” (ECF No. 5.) To date, plaintiff has
neither paid the filing fee nor filed the AO 239 in forma pauperis application. In fact, plaintiff
has not communicated with the Court since she filed her complaint on December 20, 2016.
Accordingly, the 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 (1962).

The Clerk of the

Court is directed to mail a copy of this order to the plaintiff at her last known address and to mark
this case closed.
SO ORDERED.

_/s/ JMA____ ___________
Joan M. Azrack
United States District Judge

Dated: May 9, 2017
Central Islip, New York
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