Lee v. NY State Police

District Court, S.D. New York

Lee v. NY State Police

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DR. JOSEPH LEE, Plaintiff, 24-CV-5510 (LTS) -against- ORDER OF DISMISSAL NY STATE POLICE, ET AL., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated July 22, 2024, the Court notified Plaintiff that his in forma pauperis (“IFP”) application was not signed and directed him to submit, within thirty days, an amended IFP application with an original signature. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not submitted a signed IFP application. Accordingly, the complaint is dismissed without prejudice to Plaintiff’s refiling this action. See Fed. R. Civ. P. 11(a), 41(b). 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 matter. 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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