Mikanda v. New York City
Mikanda v. New York City
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NEYEMBO MIKANDA, Plaintiff, 23-CV-8780 (LTS) -against- ORDER OF DISMISSAL NEW YORK CITY; STATE OF NEW YORK, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated October 10, 2023, the Court directed Plaintiff to either pay the $402.00 in fees that are required to file a civil action in this court or submit a completed request to proceed in forma pauperis (“IFP”) within thirty days. On November 1, 2023, the order was returned to the court with a notation on the envelope indicating that the address provided to the court is insufficient. Plaintiff has not complied with the Court’s order, has failed to notify the court of a change of mailing address, and has not initiated any further contact with the court, written or otherwise. Accordingly, Plaintiff’s complaint, filed IFP pursuant to
28 U.S.C. § 1915(a)(1), is dismissed without prejudice. 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). The Clerk of Court is directed to enter judgment in this action. SO ORDERED. Dated: November 27, 2023 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
Reference
- Status
- Unknown