Kelly v. Moores
Kelly v. Moores
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHY-TIQUE KELLY, Plaintiff, 24-CV-5844 (LTS) -against- ORDER OF DISMISSAL CAROL A. MOORES, ET AL., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated August 1, 2024, the Court directed Plaintiff, within thirty days, to submit a completed prisoner authorization and a signature page for the complaint, or pay the $405.00 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 the requisite documents 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 in this case. SO ORDERED. Dated: October 9, 2024 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
Reference
- Status
- Unknown