King v. Miller

District Court, S.D. New York

King v. Miller

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHARIF KING, Plaintiff, 22-CV-3336 (LTS) -against- ORDER OF DISMISSAL CORRECTION OFFICER O. MILLER, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated June 6, 2022, the Court denied Plaintiff’s request to proceed in forma pauperis (IFP) and directed Plaintiff, within thirty days, to pay the $402.00 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 paid the fees. Accordingly, the complaint is dismissed without prejudice. See

28 U.S.C. § 1914

. 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 enter judgment in this case. SO ORDERED. Dated: July 27, 2022 New York, New York

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

Reference

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