Emrit v. FBI

District Court, S.D. New York

Emrit v. FBI

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RONALD SATISH EMRIT, Plaintiff, 1:23-CV-2540 (LTS) -against- SPECIAL AGENT IN CHARGE OF FBI ORDER OF DISMISSAL FIELD OFFICE IN SOUTHERN DISTRICT UNDER

28 U.S.C. § 1651

OF NEW YORK (SDNY), Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: In an order dated May 16, 2014, the court barred Plaintiff from filing any future civil action in forma pauperis (“IFP”) in this court without first obtaining from the court leave to file. See Emrit v. AOL Time Warner, ECF 1:14-CV-0314, 13 (S.D.N.Y. May 16, 2014). Plaintiff originally filed this pro se action in the United States District Court for the District of Connecticut, where he originally sought leave to proceed IFP. By order dated February 14, 2023, that court transferred this action here. (ECF 8.) Plaintiff has not sought leave to file from the transferor court or from this court. Accordingly, the Court dismisses this action without prejudice due to Plaintiff’s failure to comply with the court’s May 16, 2014, order in Emrit, 1:14-CV-0314. The Court denies all pending motions 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). The Court directs the Clerk of Court to enter judgment in this action. SO ORDERED. Dated: April 4, 2023 New York, New York

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

Reference

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