Jones v. Henderson ( 2021 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DENISE JONES, Plaintiff, 20-CV-10008 (CM) -against- ORDER OF DISMISSAL NIA HENDERSON, et al., Defendants. COLLEEN McMAHON, Chief United States District Judge: On December 7, 2020, the Court directed Plaintiff, within thirty days, to submit a completed amended request to proceed in forma pauperis (“amended IFP application”) 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 amended IFP application 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. 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. 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: February 8, 2021 , New York, New York Bu. ly Wyk COLLEEN McMAHON Chief United States District Judge