Swint v. Stone

District Court, S.D. New York

Swint v. Stone

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ROBERT JAMES SWINT, Plaintiff, -against- 21-CV-5828 (LTS) ROGERT JASON STONE; DONALD JOHN ORDER OF DISMISSAL TRUMP; NEW YORK TIMES; LA TIMES; UPI NEWS, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated July 15, 2021, the Court directed Plaintiff, within thirty days, to either pay the $402.00 in fees that are required to file a civil action in this court or submit a completed request to proceed in forma pauperis (“IFP application”). On July 29, 2021, the order was returned to the Court with a notation on the envelope indicating that the mail was undeliverable to that address. Plaintiff has not complied with the Court’s order, has failed to notify the Court of a change of mailing address, and has not initiated any further contact with the Court, written or otherwise. Accordingly, Plaintiff’s complaint, filed IFP, pursuant to

28 U.S.C. § 1915

(a)(1), is dismissed without prejudice. See

28 U.S.C. §§ 1914

, 1915. 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. 2 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: September 2, 2021 New York, New York

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

Reference

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