Abeijon v. USA Passport Office Agency

District Court, S.D. New York

Abeijon v. USA Passport Office Agency

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOSE M. ABEIJON, on behalf of minor children PA and JA, Plaintiff, 21-CV-5628 (LTS) -against- ORDER OF DISMISSAL USA PASSPORT OFFICE AGENCY, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated August 16, 2021, the Court directed Plaintiff, within thirty days, to submit an amended 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 amended 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 27, 2021 New York, New York

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

Reference

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