Schmitt v. Blinken

District Court, S.D. New York

Schmitt v. Blinken

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOHN HOWARD SCHMITT, JR., Plaintiff, 23-CV-1892 (LTS) -against- ORDER OF DISMISSAL ANTONY JOHN BLINKEN, SECRETARY OF STATE, UNITED STATES, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff filed this pro se action on March 4, 2023. (ECF No. 1.) On March 13, 2023, Plaintiff filed a “Master Bill of Lading, Ships Manifest Non-Negotiable Bill of Exceptions to the Order Directing Payment of Fee or IFP Application Signed by Judge Laura Taylor Swain on 2023, regarding Trust vessel # 1:23-CV-1892 LTS.” (ECF No. 2.) The next day, on March 14, 2023, Plaintiff filed a “Proof of Consideration.” (ECF No. 3.) By order dated March 29, 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. (ECF No. 4.) That order specified that failure to comply would result in dismissal of the complaint. On March 30, 2023, Plaintiff filed a “Master Bill of Lading, Ships Manifest Non- Negotiable Interlocutory Appeal.” (ECF No. 5.) Finally, on April 27, 2023, Plaintiff filed a “Notice of Order Pro Confesso on Special Deposit.” (ECF No. 6.) Plaintiff has not filed an IFP application or paid the fees. Accordingly, the 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. SO ORDERED. Dated: May 10, 2023 New York, New York

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

Reference

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