Quaker v. United States Department of Veterans Affairs
Quaker v. United States Department of Veterans Affairs
Trial Court Opinion
SOUTHERN DISTRICT OF NEW YORK DATE FILED: 09/27/2 021 ------------------------------------------------------------------- X : DAWN QUAKER, : Plaintiff, : : 21-CV-6643 (VEC) -against- : : ORDER : UNITED STATES DEPARTMENT OF VETERANS : AFFAIRS, : Defendant. : : ------------------------------------------------------------------- X VALERIE CAPRONI, United States District Judge: WHEREAS on April 28, 2021, Plaintiff, proceeding pro se, filed this action in the Supreme Court of New York, New York Country, Compl., Dkt. 1-1; WHEREAS on August 6, 2021, the United States Department of Veterans Affairs removed this action to federal court, Not. of Removal, Dkt. 1; WHEREAS on August 10, 2021, the Court ordered Plaintiff to show cause, by filing a written declaration no later than September 9, 2021, why this action should not be dismissed without prejudice as frivolous, Dkt. 6; WHEREAS the Court informed Plaintiff that if she did not file a declaration by the deadline, then the complaint would be dismissed without prejudice as frivolous, id.; WHEREAS the deadline has elapsed, and Plaintiff has not filed a declaration or any other document in this matter; IT IS HEREBY ORDERED that for the reasons stated in the Court’s prior order, see Dkt. 6, this case is dismissed without prejudice as frivolous. IT IS FURTHER ORDERED that 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 in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States,
369 U.S. 438, 444- 45 (1962). The Clerk of Court is respectfully directed to close this case. The Clerk is further directed to mail a copy of this Order to Plaintiff and to note the mailing on the docket.
SO ORDERED. « -
Date: September 27, 2021 VALERIE CAPRONI New York, NY United States District Judge
Reference
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