Strujan v. New York City Hall-A Fiction

District Court, S.D. New York

Strujan v. New York City Hall-A Fiction

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ELENA STRUJAN, Plaintiff, 1:20-CV-7822 (CM) -against- ORDER OF DISMISSAL NEW YORK CITY HALL-A FICTION, et al., UNDER

28 U.S.C. § 1651

Defendants. COLLEEN McMAHON, Chief United States District Judge: On November 21, 2018, Plaintiff was barred from filing any new civil action in this Court in forma pauperis (IFP) without first obtaining from the Court leave to file. See Strujan v. Columbia Univ. – A Fiction, ECF 1:18-CV-8755, 7 (S.D.N.Y. Nov. 21, 2018). Plaintiff files this new pro se civil action and has not paid the relevant fees.1 The only way Plaintiff can proceed with this action, therefore, is with IFP status. But she has not sought leave to file from the Court. This action is therefore dismissed without prejudice for Plaintiff’s failure to comply with the November 21, 2018 order in Strujan, ECF 1:18-CV-8755, 7. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket.

1 Plaintiff originally filed this action in the Court’s miscellaneous docket. By order dated September 21, 2020, however, Magistrate Judge Sarah Netburn ordered that this action be opened as a new civil action. See Strujan v. New York City Hall – A Fiction, ECF :20-MC-0125, 17 (S.D.N.Y. Sept. 21, 2020). The Court certifies, pursuant to

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. See Coppedge v. United States,

369 U.S. 438, 444-45

(1962). SO ORDERED. Dated: October 16, 2020 , New York, New York hie. I Wik Chief United States District Judge

Reference

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