Fredricks v. Mennin

District Court, S.D. New York

Fredricks v. Mennin

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NIGEL FREDRICKS, Plaintiff, -against- 22-CV-5920 (LTS) JUDGE MENNIN, PART B1; JUDGE BIDEN, ORDER OF DISMISSAL PART TAP A; KENNETH GILBERTH, 18-B; D.A. JOHN DOE, TAP A; MARTHA LINBURGER, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated July 12, 2022, the Court directed Plaintiff, within 30 days, to submit a completed request to proceed in forma pauperis (IFP) and prisoner authorization or 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 filed an IFP application and prisoner authorization or paid the fees. Accordingly, the Court dismisses the complaint 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 enter judgment in this case. SO ORDERED. Dated: September 15, 2022 New York, New York

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

Reference

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