Shabazz v. The United States of America

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DANNY AMEN ANDERSON VALENTINE SHABAZZ, Plaintiff, 23-CV-10546 (LTS) -against- ORDER OF DISMISSAL UNITED STATES OF AMERICA; BARACK OBAMA, Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated December 26, 2023, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP”) or pay the $405.00 in fees required to file a civil action in this court.1 That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an IFP application 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).

1 Because the complaint did not include an address for Plaintiff, the order could not be mailed to him. Plaintiff has not provided the court with an address or had any further contact with the court regarding this matter.

The Court directs the Clerk of Court to enter judgment.

SO ORDERED.

Dated: February 13, 2024 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge