DeVore v. Mayorkas

District Court, S.D. New York

DeVore v. Mayorkas

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ARTHUR G.H. DEVORE III, Plaintiff, -against- 23-CV-3821 (LTS) ALEJANDRO N. MAYORKAS, ORDER OF DISMISSAL SECRETARY, DHS, FEDERAL EMERGENCY MANAGEMENT AGENCY, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated May 9, 2023, the Court denied Plaintiff’s application to proceed in forma pauperis (“IFP”), that is, without prepayment of fees, and directed him, within thirty days, to 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 the complaint. Plaintiff has not 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 terminate all pending motions and enter judgment in this action. SO ORDERED. Dated: June 20, 2023 New York, New York

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

Reference

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