Hafner v. Hochul

District Court, S.D. New York

Hafner v. Hochul

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ERIC HAFNER, Plaintiff, 24-CV-0183 (LTS) -against- ORDER OF DISMISSAL NEW YORK GOVERNOR KATHY HOCHUL, ET AL., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated January 22, 2024, the Court directed Plaintiff, within thirty days, to submit a completed prisoner authorization, a blank copy of which was attached to the order, or pay the $405.00 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 22, 2024, Plaintiff submitted a second application to proceed in forma pauperis (“IFP”). He has not filed a prisoner authorization 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. SO ORDERED. Dated: March 1, 2024 New York, New York

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

Reference

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