Moshir v. IGPP U.S.A. Inc.
Moshir v. IGPP U.S.A. Inc.
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ALI MOSHIR, Plaintiff, 23-CV-8459 (LTS) -against- ORDER OF DISMISSAL IGPP U.S.A. INC., ET AL., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated September 28, 2023, the Court directed Plaintiff, within 30 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. Accordingly, the complaint is dismissed without prejudice. See
28 U.S.C. §§ 1914, 1915. The Court cautions Plaintiff that his repetitive filing of actions without the required filing fees or an IFP application, after having been directed to do so in multiple actions, is vexatious. Plaintiff is warned that further vexatious or frivolous litigation in this Court may result in an order barring Plaintiff from filing new actions IFP unless he receives prior permission. See
28 U.S.C. § 1651. 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 enter judgment in this matter. SO ORDERED. Dated: October 31, 2023 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
Reference
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