Benton v. Adams

District Court, S.D. New York

Benton v. Adams

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CARZELL BENTON, Plaintiff, 1:24-CV-8919 (LTS) -against- ORDER OF DISMISSAL ERIC ADAMS, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated December 9, 2024, the Court directed Plaintiff, within 30 days, to submit a completed request to proceed in forma pauperis (“IFP” or “IFP application”) 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 this action. Plaintiff has not filed an IFP application or paid the fees. Accordingly, the Court dismisses this action 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 a judgment dismissing this action for the reason set forth in this order. SO ORDERED. Dated: February 10, 2025 New York, New York

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

Reference

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