UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK VIRGILLIO VIRGO, Plaintiff, 21-CV-5172 (LTS) -against- ORDER OF DISMISSAL RAHEEM SABAZZ, et al., UNDER

Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated September 21, 2018, the Court barred Plaintiff from filing any new action in forma pauperis (IFP) without first obtaining from the Court leave to file. See Virgo v. Wright, ECF 1:17-CV-10006, 6 (S.D.N.Y. Sept. 21, 2018). Plaintiff files this new pro se case and seeks IFP status, but has not sought leave from the Court to file this action.1This action is therefore dismissed without prejudice because Plaintiff failed to comply with the September 21, 2018 order. The Clerk of Court is directed mail a copy of this order to Plaintiff and note service on the docket.

1 Plaintiff did not file an IFP application, however, the Court construed Plaintiff’s submission as if he had. The Court certifies under

(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,

(1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue).

SO ORDERED. Dated: June 14, 2021 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge