Oad v. Office of Federal Student Aid - U.S. Department of Education

District Court, S.D. New York

Oad v. Office of Federal Student Aid - U.S. Department of Education

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MEHARCHAND N. OAD, Plaintiff, 23-CV-1454 (LTS) -against- ORDER OF DISMISSAL OFFICE OF FEDERAL STUDENT AID – U.S. DEPARTMENT OF EDUCATION, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated February 23, 2023, the Court denied Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of filing fees, and directed Plaintiff, within thirty days, to pay the $402.00 in fees required to bring an action in this court. That order specified that failure to comply would result in dismissal of the action. Plaintiff has not paid the fees. Accordingly, the action 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. SO ORDERED. Dated: April 11, 2023 New York, New York

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

Reference

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