Kelson v. Pitters

District Court, S.D. New York

Kelson v. Pitters

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ISAIAH KELSON, Plaintiff, 22-CV-9787 (LTS) -against- ORDER OF DISMISSAL T. PITTERS, CORRECTIONAL OFFICER, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated November 18, 2022, the Court directed Plaintiff, within thirty days, to resubmit the signature page of the in forma pauperis (IFP) application with an original signature. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not submitted the signed signature page as directed. Accordingly, the complaint is dismissed without prejudice. See Fed. R. Civ. P. 11(a). 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: December 28, 2022 New York, New York

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

Reference

Status
Unknown