Higgins v. Blinken
Higgins v. Blinken
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SEAN RICK HIGGINS AKA MARK ROCK HIGGINS,1 Plaintiff, 22-CV-10801 (LTS) -against- ORDER OF DISMISSAL ANTONY BLINKIN, ET AL., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated January 6, 2023, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP”) 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 or paid the fees. Accordingly, Plaintiff’s complaint is dismissed 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. Dated: March 1, 2023 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
1 Plaintiff submitted the complaint in the name of Sean Rick Higgins but signed the complaint Mark Rock Higgins.
Reference
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