Jimenez v. Bank of Nova Scotia

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MELODY M. JIMENEZ, Plaintiff, 23-CV-7285 (LTS) -against- ORDER OF DISMISSAL BANK OF NOVA SCOTIA, et al., Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated August 31, 2023, the Court directed Plaintiff, within 30 days, to resubmit the signature page of the complaint with an original signature.1 That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not submitted the signed signature page. Accordingly, the complaint is dismissed without prejudice. See 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 in forma pauperis 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 enter judgment in this action.

SO ORDERED.

Dated: October 19, 2023 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

1 The Court also directed Plaintiff to resubmit the consent to receive electronic service form with an original signature.