Clanton v. blinken

District Court, S.D. New York

Clanton v. blinken

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK STANFORD CHARLES CLANTON, Plaintiff, 23-CV-4284 (LTS) -against- ORDER OF DISMISSAL ANTONY JOHN BLINKEN, ET AL., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated May 24, 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. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an IFP application or paid the fees. Instead, on June 21, 2023, Plaintiff filed a “Master Bill of Lading,” to which was attached a $1.00 bill. Accordingly, the complaint is dismissed without prejudice. See

28 U.S.C. §§ 1914

, 1915. The Clerk of Court is directed: (1) to issue a check in the amount of $1.00; and (2) send the check and copy of this order to Plaintiff by certified mail. This order closes the case. The Clerk of Court is further directed to enter judgment in this case. 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). SO ORDERED. Dated: June 26, 2023 New York, New York

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

Reference

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