Hicks v. Levin

District Court, S.D. New York

Hicks v. Levin

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ROBERT HICKS, Plaintiff, 21-CV-6370 (LTS) -against- ORDER OF DISMISSAL THOMAS LEVIN, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated July 29, 2021, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP application”) or pay the $400.00 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 fee. Accordingly, the complaint is dismissed without prejudice. See

28 U.S.C. §§ 1914

, 1915. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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). SO ORDERED. Dated: October 20, 2021 New York, New York

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

Reference

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