Emerson v. NYCHA

District Court, S.D. New York

Emerson v. NYCHA

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TRACEY EMERSON; DENNIS CARTER, Plaintiffs, 23-CV-10009 (LTS) -against- ORDER OF DISMISSAL NYCHA, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiffs Tracey Emerson and Dennis Carter filed this action pro se. By order dated December 12, 2023, the Court directed Plaintiffs, within 30 days, to each submit a completed amended request to proceed in forma pauperis (“IFP”) 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. Plaintiffs have not filed amended IFP applications 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). The Court directs the Clerk of Court to enter judgment in this action. SO ORDERED. Dated: February 29, 2024 New York, New York

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

Reference

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