Mancini et al v. Schenectady County Jail, No. 9:2019cv00039 - Document 11 (N.D.N.Y 2019)
Court Description: DECISION AND ORDER: ORDERED that this action is DISMISSED without prejudice due to plaintiffs' repeated failure to comply with the filing fee requirements for this action. Signed by Judge Brenda K. Sannes on 4/23/2019. (Decision and Order mailed to plaintiffs by regular mail). (rar)
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Mancini et al v. Schenectady County Jail Doc. 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK REVEREND KEITH LESLIE CYRIL MANCINI, et al., Plaintiffs, v. 9:19-CV-0039 (BKS/DEP) SCHENECTADY COUNTY JAIL, Defendant. APPEARANCES: KEITH LESLIE CYRIL MANCINI Plaintiff, pro se 19-A-0321 Downstate Correctional Facility Fishkill, NY 12524 JOSHUA SANTIAGO Plaintiff, pro se 54211 Schenectady County Jail 320 Veeder Ave. Schenectady, NY 12307 SHANNON NISBY 48783 Schenectady County Jail 320 Veeder Ave. Schenectady, NY 12307 BRENDA K. SANNES United States District Judge Dockets.Justia.com DECISION AND ORDER This action was commenced by pro se plaintiffs Reverend Keith Leslie Cyril Mancini ("Mancini"), Joshua Santiago ("Santiago"), and Shannon Nisby ("Nisby") pursuant to 42 U.S.C. ยง 1983 against defendant Schenectady County Jail. At the time of filing the complaint, none of the plaintiffs had either paid the filing fee of $400.00 required for filing a civil action in federal court or submitted a completed and signed in forma pauperis ("IFP") application and inmate authorization form. On February 7, 2019, the Court issued a Decision and Order directing each of the plaintiffs to submit either the $400.00 filing fee in full or a completed IFP application within 30 days of the filing date of the Order. Dkt. No. 4 ("February Order"). Following the issuance of the February Order, plaintiff Mancini submitted an IFP application to the Court. Dkt. No. 7. The Court then issued a Decision and Order on March 4, 2019, denying the IFP application as incomplete. Dkt. No. 9 ("March Order") at 5. The March Order provided plaintiff Mancini a final opportunity to either pay the full filing fee or submit a completed IFP application within 30 days of the date of the Order. Id. at 5-6. The Court repeated its warning to plaintiff Mancini (which was first provided to all plaintiffs in the February Order) that his failure to comply with the filing fee requirements would result in the termination of him from the action and dismissal of all claims in the action asserted by him. Id. at 6. The March Order also reminded plaintiffs Santiago and Nibsy of their obligation to either pay the full filing fee or submit a completed IFP application if they wished to pursue this lawsuit. Id. at 5 n.2. 2 The March Order was mailed to plaintiff Nibsy at the Schenectady County Jail on March 4, 2019, and subsequently returned to the Court as undeliverable. Dkt. No. 10 at 1. To date, the Court has not received a filing fee or completed IFP application from any of the plaintiffs. In addition, the Court has received no direct correspondence from either plaintiff Santiago nor plaintiff Nibsy during the pendency of this litigation. Based on the foregoing and plaintiffs' repeated failures to comply with the filing fee requirements as set forth in the Court's prior orders, this action is dismissed without prejudice. WHEREFORE, it is hereby ORDERED that this action is DISMISSED without prejudice due to plaintiffs' repeated failure to comply with the filing fee requirements for this action; and it is further ORDERED that the Clerk shall serve a copy of this Decision and Order on plaintiffs. IT IS SO ORDERED. Dated: April 23, 2019 3
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