Lewis v. The City of New York

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ROBERT LEWIS, Plaintiff, 23-CV-5822 (LTS) -against- ORDER OF DISMISSAL THE CITY OF NEW YORK, Defendant.

LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff filed this action on July 5, 2023, via email, and subsequently paid the filing fees on July 10, 2023. By order dated July 12, 2023, the Court directed Plaintiff, within thirty days, to resubmit the signature page of the complaint with an original signature. That order specified that failure to comply would result in dismissal of the complaint. The Court’s order was mailed to Plaintiff on two separate occasions, and the mailings were returned to the court as “undeliverable” and “unable to forward.” 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 case.

SO ORDERED.

Dated: October 30, 2023 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge