Johnson v. General CIA

District Court, S.D. New York

Johnson v. General CIA

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CLARENCE D. JOHNSON, JR., Plaintiff, 23-CV-3707 (LTS) -against- ORDER OF DISMISSAL GENERAL CIA, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated May 3, 2023, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP application”) or pay the $402.00 in fees required to file a civil action in this court. The Court also directed Plaintiff to resubmit the signature page of the complaint with an original signature. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an IFP application, paid the fees, or submitted the signed signature page. Accordingly, the complaint is dismissed without prejudice. See

28 U.S.C. §§ 1914

, 1915; Fed. R. Civ. P. 11(a). 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 in this action. SO ORDERED. Dated: June 7, 2023 New York, New York

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

Reference

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