Deltoro v. Department of Social Services

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MARIA DELTORO; KATHY DELTORO, Plaintiffs, -against- DEPARTMENT OF SOCIAL SERVICES; 25-CV-5445 (LTS) DEPARTMENT OF SOCIAL SERVICES ATTORNEYS; DEPARTMENT OF SOCIAL ORDER OF DISMISSAL SERVICES JUDGE; DEPARTMENT OF SOCIAL SERVICES SCHOOL TEACHER; DEPARTMENT OF SOCIAL SERVICES NURSE/DOCTORS, Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated July 1, 2025, the Court directed Plaintiffs, within thirty days, to pay the $405.00 in fees required to file a civil action in this court, or to each submit a completed request to proceed in forma pauperis (“IFP application”). That order specified that failure to comply would result in dismissal of the complaint. Plaintiffs have not filed 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). Judgment shall enter.

SO ORDERED.

Dated: August 12, 2025 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge