Crichlow v. Oliviero Construction Corp.

District Court, S.D. New York

Crichlow v. Oliviero Construction Corp.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NATHANIEL A. CRICHLOW, Plaintiff, 23-CV-7948 (LTS) -against- ORDER OF DISMISSAL OLIVERO CONSTRUCTION CORP, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Because Plaintiff submitted with his complaint an insufficient request to proceed in forma pauperis (“IFP”), that is, to proceed without prepayment of fees, by order dated September 15, 2023, the Court directed Plaintiff, within thirty days of the date of that order, to either pay the $402.00 in fees or submit an amended IFP application. (ECF No. 4.) In response to the Court’s order, Plaintiff filed an “Affidavit of Fact/Financial Statement” on September 23, 2023. (ECF No. 5.) That submission was also insufficient, and by order dated October 30, 2023, the Court therefore granted Plaintiff one final opportunity to either pay the $402.00 filing fees or submit a second amended IFP application. (ECF No. 6.) In response to the Court’s October 30, 2023 order, Plaintiff filed an “Affidavit of Dispute/OBJECTION TO ORDER DIRECTING PAYMENT OF FEES OR SECOND AMENDED IFP APPLICATION” on November 15, 2023. (ECF No. 7.) The Court’s October 30, 2023 order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed a second amended IFP application or paid the fees. Accordingly, the complaint 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 Court directs the Clerk of Court to enter judgment. SO ORDERED. Dated: December 8, 2023 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

Reference

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