Carter et al v. Amtrust Bank et al, No. 1:2011cv02639 - Document 5 (E.D.N.Y. 2011)

Court Description: OPINION & ORDER: By Order dated 6/13/2011, the Court noted that although both plaintiffs signed the complaint, only Shelly Carter completed and signed the in forma pauperis ("IFP") application. Vincent Carter, was directed to complete, sign and submit to the Court an application to proceed in forma pauperis, within 14 days of the date of this 3 Order. The Order further stated that if Vincent Carter failed to submit a completed and signed in forma paup eris application within the time allowed, the instant complaint shall be dismissed as to Vincent Carter, without prejudice. On 6/22/2011, the Court's 6/13/2011 Order, which was sent to the address provided by plaintiffs, was returned by the United States Postal Service as undeliverable. As plaintiffs have not provided the Court with a proper mailing address, the Court has no way of contacting plaintiffs and has no choice but to dismiss plaintiffs' complaint. Here, plaintiffs have not taken any steps to pursue this action since it was first filed on 5/31/2011. Nor have plaintiffs contacted the Court to provide a current address. It appears that plaintiffs have abandoned this action. Accordingly, it IS ORDERED, ADJUDGE D AND DECREED that the complaint is hereby dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B). 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 f orma pauperis status is denied for purpose of an appeal. The Clerk of the Court is directed to close this case. SO ORDERED by Senior Judge Allyne R. Ross, on 9/27/2011. C/mailed by Chambers. (Forwarded for Judgment) (Latka-Mucha, Wieslawa)