Ortega v. Hodge et al

Filing 3

ORDER OF DISMISSAL: By order dated January 11, 2024, the Court directed Plaintiff, within 30 days, to submit a completed request to proceed in forma pauperis ("IFP" or "IFP application") and prisoner authorization or pay the & #036;405.00 in fees required to file a civil action in this court. That order specified that failure to comply would result in dismissal of this action. Plaintiff has not filed an IFP application and prisoner authorization or paid the fees. Accord ingly, the Court dismisses this action without prejudice. See 28 U.S.C. §§ 1914, 1915. 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 den ied 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). The Court directs the Clerk of Court to enter a judgment dismissing this action for the reasons set forth in this order. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/25/2024) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CHRISTOPHER ORTEGA,
Plaintiff,

1:24-CV-0204 (LTS)

-against-

ORDER OF DISMISSAL

HODGE, et al.,
Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge:
By order dated January 11, 2024, the Court directed Plaintiff, within 30 days, to submit a
completed request to proceed in forma pauperis (“IFP” or “IFP application”) and prisoner
authorization or pay the $405.00 in fees required to file a civil action in this court. That order
specified that failure to comply would result in dismissal of this action. Plaintiff has not filed an
IFP application and prisoner authorization or paid the fees. Accordingly, the Court dismisses this
action without prejudice. See 28 U.S.C. §§ 1914, 1915.
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).
The Court directs the Clerk of Court to enter a judgment dismissing this action for the
reasons set forth in this order.
SO ORDERED.
Dated:

March 25, 2024
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge