Diane Kellom v. Craig B. Thompson

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DIANE KELLOM, Plaintiff, 25-CV-5811 (LTS) -against- ORDER OF DISMISSAL CRAIG B. THOMPSON, Defendant.

LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated July 21, 2025, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP”) 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 August 7, 2025, Plaintiff filed two documents: an “Affidavit of Notice Invoking the Common-Law Court Under Article III of the Constitution for the United States of America” and an “Affidavit of Notice Right to Fair & Impartial Trial.” (ECF 7, 8.)

Plaintiff has not filed an IFP application 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 in this case.

SO ORDERED.

Dated: September 3, 2025 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge