Shahab Khan v. Commissioner of DOCCS Daniel F. Martuscello III
District Court, S.D. New York
Shahab Khan v. Commissioner of DOCCS Daniel F. Martuscello III
Trial Court Opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SHAHAB KHAN,
Plaintiff,
1:25-CV-7095 (LTS)
-against-
ORDER OF DISMISSAL
COMMISSIONER OF DOCCS DANIEL F.
MARTUSCELLO III,
Defendant.
LAURA TAYLOR SWAIN, Chief United States District Judge:
By order dated August 28, 2025, the Court directed Plaintiff, within 30 days days, to
submit a completed request to proceed in forma pauperis (“IFP” or “IFP application”) 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 this action. Plaintiff has not
filed an IFP application and prisoner authorization or paid the fees. Accordingly, the Court
dismisses this action 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 a judgment dismissing this action for the reasons set forth above.
SO ORDERED.
Dated: October 29, 2025
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge
Reference
- Status
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