Abdelhadi v. Morales

District Court, S.D. New York

Abdelhadi v. Morales

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MOHAMED ABDELHADI, Plaintiff, -against- 21-CV-6576 (LTS) O.B.C.C.’S C.O. MORALES, BADGE #2955; ORDER OF DISMISSAL CAPTAIN MR. LEXUS; CAPTAIN JOHN DOE; DEPUTY WARDEN JANE DOE, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated August 4, 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. Plaintiff has not filed an IFP application or paid the fees. Accordingly, the complaint is dismissed without prejudice. 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. SO ORDERED. Dated: September 24, 2021 New York, New York

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

Reference

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