Persaud 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 unde r 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). (Signed by Judge Colleen McMahon on 1/7/2021) (sac) Transmission to Docket Assistant Clerk for processing.

Case 1:20-cv-09491-CM Document 5 Filed 01/07/21 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
RAMPERSAUD PERSAUD,
Plaintiff,
-againstCOMMISSIONER CYNTHIA BRANN, et al.,

20-CV-9491 (CM)
ORDER OF DISMISSAL

Defendants.
COLLEEN McMAHON, Chief United States District Judge:
By order dated November 16, 2020, the Court directed Plaintiff, within thirty days, to submit
a completed request to proceed in forma pauperis (“IFP application”) and prisoner authorization or
pay the $400.00 in fees required to file a civil action in this Court. 1 That order specified that failure
to comply would result in dismissal of the complaint. Plaintiff has not filed an IFP application and
prisoner authorization or paid the fees. 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, 444-45 (1962) (holding that an appellant demonstrates good faith
when he seeks review of a nonfrivolous issue).
SO ORDERED.
Dated:

January 7, 2021
New York, New York
COLLEEN McMAHON
Chief United States District Judge
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.