Stalling v. Finra

Filing 6

ORDER OF DISMISSAL: By order dated November 5, 2021, the Court directed Plaintiff to file an amended complaint within sixty days. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an amended complaint. Accordingly, the complaint, filed in forma pauperis (IFP) under 28 U.S.C. § 1915(a)(1), is dismissed under 28 U.S.C. § 1915(e)(2)(B)(ii). The Clerk of Court is directed to mail a copy of this order to Plaintiff and not e service on the docket. 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). SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/6/22) (rdz) Transmission to Docket Assistant Clerk for processing.

Case 1:21-cv-08390-LTS Document 6 Filed 01/06/22 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DAVID STALLING,
Plaintiff,
-againstFINRA,

21-CV-8390 (LTS)
ORDER OF DISMISSAL

Defendant.
LAURA TAYLOR SWAIN, Chief United States District Judge:
By order dated November 5, 2021, the Court directed Plaintiff to file an amended
complaint within sixty days. That order specified that failure to comply would result in dismissal
of the complaint. Plaintiff has not filed an amended complaint. Accordingly, the complaint, filed
in forma pauperis (IFP) under 28 U.S.C. § 1915(a)(1), is dismissed under 28 U.S.C.
§ 1915(e)(2)(B)(ii).
The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on
the docket. 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).
SO ORDERED.
Dated:

January 6, 2022
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge