Emmett Caldwell v. St. James Presbyterian Church, et al.
Emmett Caldwell v. St. James Presbyterian Church, et al.
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK EMMETT CALDWELL, Plaintiff, 25-CV-7120 (LTS) -against- ORDER OF DISMISSAL ST. JAMES PRESBYTERIAN CHURCH, et UNDER
28 U.S.C. § 1651al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: In 2015, Plaintiff was barred from filing any new action in forma pauperis (IFP) without first obtaining from the Court leave to file. See Caldwell v. Gigante, No. 15-CV-2153 (LAP) (S.D.N.Y. July 9, 2015). Plaintiff files this new action pro se, seeks IFP status, and has not sought leave from the Court. The Court therefore dismisses the action without prejudice for Plaintiff’s failure to comply with the July 9, 2015 order. See Caldwell, No. 15-CV-2153 (ECF 4).1 The Court certifies, pursuant to
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. See Coppedge v. United States,
369 U.S. 438, 444-45(1962). SO ORDERED. Dated: September 2, 2025 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
1 Plaintiff also has a pending action naming many of the same defendants. See Caldwell v. Saint James Presbyterian Church, No. 25-CV-2522 (S.D.N.Y.).
Reference
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