Branch v. Department of Corrections et al

Filing 5

ORDER OF DISMISSAL: Accordingly, the complaint is dismissed without prejudice. See 28 U.S.C. 1914, 1915. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 44445 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Colleen McMahon on 1/6/2021) (sac) Transmission to Docket Assistant Clerk for processing.

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Case 1:20-cv-09411-CM Document 5 Filed 01/06/21 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK EDWARD BRANCH, Plaintiff, 20-CV-9411 (CM) -againstORDER OF DISMISSAL COMMISSIONER CYNTHIA BRANN, et al., Defendants. COLLEEN McMAHON, Chief United States District Judge: By order dated November 16, 2020, the Court directed Plaintiff to either pay the $400.00 in fees that are required to file a civil action in this court or submit a completed request to proceed in forma pauperis (IFP) application and prisoner authorization within thirty days.1 That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not paid the filing fees or filed an IFP application and prisoner authorization. Accordingly, the complaint is dismissed without prejudice. See 28 U.S.C. §§ 1914, 1915. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. 1 On December 1, 2020, the filing fees required to file a federal civil action increased to $402.00 – a $350.00 filing fee plus a $52.00 administrative fee. Because Plaintiff’s action was filed prior to December 1, 2020, the increased filing fees do not apply to this action. Case 1:20-cv-09411-CM Document 5 Filed 01/06/21 Page 2 of 2 Cf. Coppedge v. United States, 369 U.S. 438, 444–45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: January 6, 2021 New York, New York   COLLEEN McMAHON Chief United States District Judge 2

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