Shabazz v. BET Networks

District Court, S.D. New York

Shabazz v. BET Networks

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DANNY AMEN VALENTINE SHABAZZ, Plaintiff, 23-CV-9923 (LTS) -against- ORDER OF DISMISSAL BET NETWORKS, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated December 11, 2023, the Court directed Petitioner, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP application”) or pay the $402.00 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. On January 2, 2024, the Court’s December 11, 2023 order was returned to the Clerk’s Office because the address provided by Plaintiff is insufficient. As of the date Plaintiff initiated this action, he has filed an IFP application, pay the filing fees, or provide an updated address. CONCLUSION Accordingly, because Plaintiff did not submit an IFP application or pay the filing fees within the time allowed, the Court dismisses the complaint 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: January 22, 2024 New York, New York

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

Reference

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