Darzell Allen v. John Doe

Summary

The United States District Court for the Southern District of New York dismissed Darzell Allen’s complaint without prejudice after he failed to submit an in forma pauperis application and prisoner authorization or pay the required filing fees. The court denied in forma pauperis status for any appeal, certified that an appeal would not be taken in good faith, and directed the Clerk to enter judgment.

Holdings

1. Because Plaintiff failed to submit the required IFP application and prisoner authorization or pay the filing fees after being warned that noncompliance would result in dismissal, the complaint was dismissed without prejudice.
2. In forma pauperis status was denied for purposes of an appeal because the Court certified that an appeal from the order would not be taken in good faith.

Questions Presented

1. Whether the complaint should be dismissed without prejudice when Plaintiff failed to comply with the Court's order to submit an IFP application and prisoner authorization or pay the required filing fees.
2. Whether Plaintiff should be denied in forma pauperis status for purposes of an appeal because any appeal would not be taken in good faith.

Disposition

dismissed