Rushing v. U.S. District Court, Grand Rapids Michigan

District Court, S.D. New York

Rushing v. U.S. District Court, Grand Rapids Michigan

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHAUN RUSHING, Plaintiff, 22-CV-3559 (LTS) -against- ORDER OF DISMISSAL U.S. DISTRICT COURT, GRAND RAPIDS UNDER

28 U.S.C. § 1651

MICHIGAN, 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 brings 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 denies Plaintiff’s application for the Court to request pro bono counsel (ECF 3) as moot. The Court certifies, pursuant to

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. See Coppedge v. United States,

369 U.S. 438, 444-45

(1962). SO ORDERED. Dated: May 4, 2022 New York, New York

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

Reference

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