Caston v. City of Philadelphia Police Department

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CHARLES CASTON,

Plaintiff,

1:21-CV-7156 (LTS)

-against-

ORDER OF DISMISSAL

CITY OF PHILADELPHIA POLICE DEPARTMENT, et al.,

Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge:

By order dated August 26, 2021, the Court directed Plaintiff, within thirty days, to submit a declaration with his original signature. The Court issued that order to allow Plaintiff an opportunity to cure his lack of signature with respect to his complaint and his application for a temporary restraining order. The August 26, 2021 order specified that failure to comply would result in dismissal of this action. Plaintiff has not submitted a declaration. Accordingly, Plaintiff’s application for a temporary restraining order is denied, and this action is dismissed, without prejudice. See Fed. R. Civ. P. 11(a).

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. 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 27, 2021

New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN

Chief United States District Judge