UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHAUN RUSHING, Plaintiff, 22-CV-3431 (LTS) -against- ORDER OF DISMISSAL STATE OF MICHIGAN, UNDER

Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: On January 3, 2022, Plaintiff was barred from filing any new action in forma pauperis (IFP) without first obtaining from the court leave to file. See Rushing v. Extra Space Storage, ECF 1:21-CV-9113, 5 (S.D.N.Y. Jan. 3, 2022). Plaintiff files this new pro se case, seeks IFP status, and has not sought leave from the court. The Court therefore dismisses the action without prejudice for Plaintiff’s failure to comply with the January 3, 2022, order. The Court certifies under

(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,

(1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: April 28, 2022 New York, New York

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