Shythique Kelly v. Mark Miller

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHYTIQUE KELLY, Plaintiff, 25-CV-6763 (LTS) -against- ORDER OF DISMISSAL MARK MILLER, Defendant.

LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated August 21, 2025, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP”) and prisoner authorization 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. Plaintiff has filed an IFP application, but he has not filed a prisoner authorization. Moreover, his IFP application is largely blank.

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: October 23, 2025 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge