Destiny Haughton v. City of New York

District Court, S.D. New York

Destiny Haughton v. City of New York

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHADAY MARTINEZ DESTINY HAUGHTON, Plaintiff, 25-CV-0366 (LTS) -against- ORDER OF DISMISSAL CITY OF NEW YORK; NEW YORK CITY’S DEPARTMENT OF HOMELESS SERVICES (DHS), Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is proceeding pro se, filed an application to proceed in forma pauperis, but she did not file a complaint. By order dated January 17, 2025, the Court directed Plaintiff, within 30 days, to file a complaint in this action and to provide a mailing address for service of documents or submit a consent form to accept electronic service.1 That order specified that failure to comply would result in dismissal of this action. Plaintiff has not filed a complaint and either provided a mailing address or consented to electronic service of court documents. The Court therefore dismisses this action without prejudice. The Clerk of Court is directed to email a copy of this order to Plaintiff at the email address on file and to provide a copy of this order to Plaintiff should she appear at the court’s Pro Se Intake window. 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.

1 Although Plaintiff did not consent to receive electronic service of court documents, she did include an email address on her application to proceed in forma pauperis. To help ensure that Plaintiff received a copy of that order, the Court directed the Clerk of Court to email a copy of that order to Plaintiff at the email address she provided. 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 case. SO ORDERED. Dated: March 7, 2025 New York, New York

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

Reference

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