Harris v. De Blasio

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

DERRICK HARRIS, CEO OF DEFENDERS

OF DUE PROCESS FOUNDATION, INC.,

Plaintiff,

21-CV-7304 (LTS) -against-

ORDER OF DISMISSAL

MAYOR BILL DE BLASIO; CITY OF NEW

YORK,

Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge:

By order dated September 3, 2021, the Court directed Plaintiff, within thirty days, to submit a completed and signed request to proceed in forma pauperis (“IFP application”) 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: October 14, 2021

New York, New York /s/ Laura Taylor Swain

LAURA TAYLOR SWAIN

Chief United States District Judge