Smith-Burrus v. Commissioner of Social Security

District Court, S.D. New York

Smith-Burrus v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ALFREDA SMITH-BURRUS, Plaintiff, 23-CV-4632 (LTS) -against- ORDER OF DISMISSAL COMMISSIONER OF SOCIAL SECURITY, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated June 20, 2023, the Court directed Plaintiff, within thirty days, to submit an amended request to proceed in forma pauperis (IFP) that was fully and legibly completed 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 without prejudice. Plaintiff has not filed an amended IFP application or paid the fees. Accordingly, the complaint is dismissed without prejudice to Plaintiff’s refiling a new action. 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). Judgment shall enter. SO ORDERED. Dated: July 24, 2023 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

Reference

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