Cabreja v. Otis Bantum Correctional Facility et al
Filing
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ORDER OF DISMISSAL: Accordingly, the complaint is dismissed 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 theref ore 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 judgment in this case. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/27/2025) (mml) Transmission to Orders and Judgments Clerk for processing.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
IVAN CABREJA,
Plaintiff,
24-CV-9639 (LTS)
-againstOTIS BANTUM CORRECTIONAL
FACILITY, et al.,
ORDER OF DISMISSAL
Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:
By order dated December 19, 2024, 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 $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 the complaint. On January 13, 2025,
the Court received notification from the U.S. Postal Service that the December 19, 2024 order
was undeliverable. Plaintiff has not filed an IFP application and prisoner authorization, paid the
fees, or otherwise communicated with the court. Accordingly, the complaint is dismissed 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 judgment in this case.
SO ORDERED.
Dated:
January 27, 2025
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge
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