Genao v. New York City Housing Authority

District Court, S.D. New York

Genao v. New York City Housing Authority

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ELVIN GENAO, Plaintiff, 20-CV-4445 (CM) -against- ORDER OF DISMISSAL NEW YORK CITY HOUSING AUTHORITY; UNDER

28 U.S.C. § 1651

DIVISION OF HUMAN RIGHTS, Defendants. COLLEEN McMAHON, Chief United States District Judge: On June 5, 2019, the Court barred Plaintiff from filing any new federal civil action in forma pauperis (IFP) without first obtaining from the Court leave to file. See Genao v. Saint Pauls Church, ECF 1:19-CV-2704, 6 (S.D.N.Y. June 5, 2019). Plaintiff files this new pro se case, seeks IFP status, and has not sought leave from the Court. This action is therefore dismissed without prejudice for Plaintiff’s failure to comply with the June 5, 2019 order. 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. 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: June 11, 2020 ‘ New York, New York hie □ Hk COLLEEN McMAHON Chief United States District Judge

Reference

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