Johnson v. Dudley

District Court, S.D. New York

Johnson v. Dudley

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ROBERT EARL JOHNSON, Plaintiff, 21-CV-4297 (LTS) -against- ORDER OF DISMISSAL KATHY DUDLEY, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated July 2, 2021, the Court directed Plaintiff to file a declaration within thirty days. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed a declaration. Accordingly, the complaint, filed in forma pauperis (IFP) under

28 U.S.C. § 1915

(a)(1), is dismissed without prejudice. 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: August 3, 2021 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

Reference

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