Lettieri v. U.S. Immigration Customs Enforcement

District Court, S.D. New York

Lettieri v. U.S. Immigration Customs Enforcement

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DAVID LETTIERI, Plaintiff, 24-CV-5033 (LTS) -against- ORDER OF DISMISSAL U.S. IMMIGRATION CUSTOMS ENFORCEMENT, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated July 18, 2024, the Court directed Plaintiff, within thirty days, to submit a completed prisoner authorization form 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 a prisoner authorization form or paid the fees. Accordingly, the complaint is dismissed without prejudice to Plaintiff’s refiling it. 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: August 26, 2024 New York, New York

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

Reference

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