Balkanli v. Wrongdoers

District Court, S.D. New York

Balkanli v. Wrongdoers

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MUHARREM BALKANLI, Plaintiff, 21-CV-6286 (LTS) -against- ORDER OF DISMISSAL WRONGDOERS, RESPONDENTS, DEFENDANTS, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated July 26, 2021, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP”) or pay the $402.00 in fees required to file a civil action in this Court. That order specified that failure to comply would result in dismissal of the complaint. On August 9, 2021, Plaintiff filed a three-page letter with 213 pages of attachments, acknowledging receipt of the Court’s July 26, 2021 order. (ECF No. 3.) Plaintiff included in the attachments a blank, two-page IFP application on which he placed a “X” on each page and wrote “Fiat System Void” across each page. (Id. at 10-11.) But Plaintiff has not filed a completed IFP application or paid the fees. Accordingly, the complaint 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. 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 14, 2021 New York, New York

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

Reference

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