Caldwell v. Smith-Williams

District Court, S.D. New York

Caldwell v. Smith-Williams

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK BOISEY CALDWELL, Plaintiff, 1:24-CV-0923 (LTS) -against- ORDER OF DISMISSAL DEPARTMENT OF LAW ATTORNEY’S UNDER

28 U.S.C. § 1651

QUIANA SMITH-WILLIAMS, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated August 17, 2021, the Court barred Plaintiff from filing any future civil action in this court in forma pauperis (“IFP”) without first obtaining from the court leave to file. Caldwell v. Cohen, ECF 1:21-CV-5039, 12 (S.D.N.Y. Aug. 17, 2021). Plaintiff files this new pro se civil action, seeks IFP status, and has not sought leave from the court. The Court therefore dismisses this action without prejudice for Plaintiff’s failure to comply with the Court’s August 17, 2021 order in Caldwell, 1:21-CV-5039. The Court certifies, pursuant to

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. See Coppedge v. United States,

369 U.S. 438, 444-45

(1962). The Court directs the Clerk of Court to enter a judgment dismissing this action for the reason set forth in this order. SO ORDERED. Dated: February 13, 2024 New York, New York

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

Reference

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