McGhee-Bey v. United States of America

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

JOSEPH M. McGHEE-BEY,

Plaintiff,

21-CV-7128 (LTS) -against-

ORDER OF DISMISSAL

UNITED STATES OF AMERICA, et al.,

Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge:

By order dated August 23, 2021, the Court directed Plaintiff, within thirty days, to: (1) either pay the $402 in fees to bring this action, or submit an application to proceed in forma pauperis (IFP) and prisoner authorization if incarcerated; and (2) sign and resubmit a copy of the complaint’s signature page. Plaintiff did not comply with the August 23, 2021 order or otherwise communicate with the Court. 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 29, 2021

New York, New York /s/ Laura Taylor Swain

LAURA TAYLOR SWAIN

Chief United States District Judge