UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
October 15, 2012
U.S. DISTRICT COURT EASTERN DISTRICT OF NEW YORK DANIEL MILLER, AND ALL OTHERS LONG ISLAND OFFICE SIMILARLY SITUATED, PLAINTIFFS,
ALFRED E. SMITH, NEW YORK STATE COMMISSIONER OF CORRECTIONS, DEFENDANT.
The opinion of the court was delivered by: Seybert, District Judge:
FILED CLERK am
By Order dated September 21, 2012, the undersigned denied the application of incarcerated pro se plaintiff Daniel Miller ("Plaintiff") to proceed in forma pauperis pursuant to the "three strikes" provision of 28 U.S.C. § 1915(g). Plaintiff was directed to pay the $350.00 filing fee within fourteen (14) days of the date of the September 21, 2012 Order, and was warned that failure to do so would lead to the dismissal of the Complaint. See Order, dated September 21, 2012, Seybert, D.J. To date, the Plaintiff has not paid the fee nor has he otherwise communicated with the Court with regard to this case. Accordingly, the Complaint is now dismissed without prejudice and the Clerk of the Court is directed to close this case.
The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444--45, 82 S. Ct. 917, 8 L. Ed. 2d 21 (1962).
JOANNA SEYBERT, U.S.D.J.
© 1992-2012 VersusLaw Inc.