Blanding v. Department of Corrections et al

Filing 5

ORDER OF DISMISSAL: Accordingly, Plaintiff's complaint, filed IFP pursuant to 28 U.S.C. 1915(a)(1), 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 1/5/2021) (sac) Transmission to Docket Assistant Clerk for processing.

Case 1:20-cv-09421-CM Document 5 Filed 01/05/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JOHNNY BLANDING,
-against-

Plaintiff,

COMMISSIONER CYNTHIA BRANN, et
al.,

20-CV-9421 (CM)
ORDER OF DISMISSAL

Defendants.
COLLEEN McMAHON, Chief United States District Judge:
By order dated November 19, 2020, the Court directed Plaintiff, within thirty days, to
either submit a completed request to proceed in forma pauperis (“IFP”) and prisoner
authorization or to pay the $400.00 in fees that are required to bring a civil action in this Court. 1
On December 8, 2020, the order was returned to the Court with a notation on the envelope
stating, “Return To Sender Not Deliverable As Addressed Unable to Forward.” Public records
maintained by the New York City Department of Corrections (“DOC”) show that Plaintiff has
been released to parole supervision. Plaintiff has not complied with the Court’s order, has failed
to notify the Court of a change of mailing address, and has not initiated any further contact with
the Court, written or otherwise. Accordingly, Plaintiff’s complaint, filed IFP pursuant to 28
U.S.C. § 1915(a)(1), is dismissed without prejudice. See 28 U.S.C. §§ 1914, 1915.

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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-09421-CM Document 5 Filed 01/05/21 Page 2 of 2

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, 444–45 (1962) (holding that an appellant
demonstrates good faith when he seeks review of a nonfrivolous issue).
SO ORDERED.
Dated:

January 5, 2021
New York, New York
COLLEEN McMAHON
Chief United States District Judge

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