UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK WESLEY EDWARD SMITH, II, Plaintiff, 21-CV-0573 (CM) ~against- ORDER OF DISMISSAL STATE OF SOUTH CAROLINA, UNDER

Defendant. COLLEEN McMAHON, Chief United States District Judge: On February 27, 2014, Plaintiff was barred from filing any new action in forma pauperis (IFP) without first obtaining from the Court leave to file. See Smith vy. Commonwealth of Virginia, ECF 1:13-CV-8111, 7 (LAP) (S.D.N.Y. Feb. 27, 2014). Plaintiff files this new pro se case, but he does not seek IFP status; he also has not sought leave from the Court. The Court assumes for the purpose of this order that Plaintiff seeks IFP status and dismisses the action without prejudice for Plaintiff’s failure to comply with the February 27, 2014 order. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Clerk of Court is also directed to terminate all motions in this action. The Court certifies, pursuant to

(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,

(1962). SO ORDERED. Dated: February 11, 2021 , New York, New York hie. Ib hick COLLEEN McMAHON Chief United States District Judge