Maultsby-El v. United States of America

District Court, S.D. New York

Maultsby-El v. United States of America

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CHATON J. MAULTSBY-EL, Plaintiff, 21-CV-7127 (LTS) -against- ORDER OF DISMISSAL UNITED STATES OF AMERICA, ET AL., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated August 23, 2021, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP application”) and prisoner authorization or pay the $402.00 in fees required to file a civil action in this Court.1 That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an IFP application and prisoner authorization or paid the fee. Accordingly, the complaint is dismissed without prejudice to Plaintiff’s refiling it. See

28 U.S.C. §§ 1914

, 1915. 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). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Dated: September 24, 2021 New York, New York

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

1 This action was originally filed with other Plaintiffs under docket number 21-CV-6396 (LTS). Plaintiff Chaton Maultsby-El’s claims were severed and opened under this docket number.

Reference

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