Murphy v. NYU School of Medicine

Filing 4

ORDER OF DISMISSAL: Accordingly, the complaint is dismissed without prejudice to refiling. 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 Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. (Signed by Judge Laura Taylor Swain on 11/16/2021) (sac) Transmission to Docket Assistant Clerk for processing.

Case 1:21-cv-08057-LTS Document 4 Filed 11/16/21 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
EDWARD A. MURPHY,
Plaintiff,

21-CV-8057 (LTS)

-against-

ORDER OF DISMISSAL

NYU SCHOOL OF MEDICINE,
Defendant.

LAURA TAYLOR SWAIN, Chief United States District Judge:
By order dated October 6, 2021, the Court denied Plaintiff’s request to proceed in forma
pauperis (IFP), that is, without prepayment of fees. The Court directed Plaintiff, within thirty
days, to pay the $402.00 in fees required to file a civil action in this court and specified that
failure to comply would result in dismissal of the complaint. Plaintiff has not paid the fees, and
the time for doing so has expired. Accordingly, the complaint is dismissed without prejudice to
refiling. 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 Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on
the docket.
SO ORDERED.
Dated:

November 16, 2021
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge