DEJON LAMAR CHRISTOPHER BEY TRUST d/b/a Clark, Dejon Lamar Christopher v. Haaland
DEJON LAMAR CHRISTOPHER BEY TRUST d/b/a Clark, Dejon Lamar Christopher v. Haaland
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DEJON LAMAR CHRISTOPHER BEY TRUST, doing business as Clark, Dejon Lamar Christopher, Plaintiff, 1:22-CV-9785 (LTS) -against- ORDER OF DISMISSAL DEBRA ANNE HAALAND, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated November 18, 2022, the Court directed Plaintiff, within 30 days, to submit a completed request to proceed in forma pauperis (“IFP” or “IFP application”) 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 this action. Plaintiff thereafter filed a number of submissions, including a notice of interlocutory appeal. On January 23, 2023, the United States Court of Appeals for the Second Circuit dismissed Plaintiff’s appeal, effective February 22, 2023. Dejon Lamar Christopher Bey Trust v. Haaland, No. 22-3001 (2d Cir. Jan. 23, 2023). Plaintiff has not filed an IFP application or paid the fees to bring this action. Accordingly, the Court dismisses this action 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 Court directs the Clerk of Court to enter judgment for this action. SO ORDERED. Dated: May 24, 2023 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
Reference
- Status
- Unknown