Hurt v. United States of America

Filing 2

ORDER: On October 11, 2013, Plaintiff was barred from filing any new action in forma pauperis ("IFP") without first obtaining leave to file from the Court. See Hurt v. D.C. Bd. of Parole, ECF 1:13-CV-5365, 3 (S.D.N.Y. Oct. 11, 2013), appea l dismissed, No. 13-4474 (2d Cir. Apr. 3, 2014). Plaintiff filed this new pro se action without paying the filing fees, submitting an IFP application, or seeking leave to file. Because Plaintiff failed to comply with the October 11, 2013 order in Hur t, ECF 1:13-CV-5365, the Court denies Plaintiff leave to file this action. 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). (Signed by Judge Laura Taylor Swain on 1/7/22) (rdz) Transmission to Docket Assistant Clerk for processing.

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Case 1:21-cv-10781-LTS Document 2 Filed 01/07/22 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TYRONE HURT, Plaintiff, 21-CV-10781 (LTS) -against- ORDER UNITED STATES OF AMERICA, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: On October 11, 2013, Plaintiff was barred from filing any new action in forma pauperis (“IFP”) without first obtaining leave to file from the Court. See Hurt v. D.C. Bd. of Parole, ECF 1:13-CV-5365, 3 (S.D.N.Y. Oct. 11, 2013), appeal dismissed, No. 13-4474 (2d Cir. Apr. 3, 2014). Plaintiff filed this new pro se action without paying the filing fees, submitting an IFP application, or seeking leave to file. Because Plaintiff failed to comply with the October 11, 2013 order in Hurt, ECF 1:13-CV-5365, 3, the Court denies Plaintiff leave to file this action. 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). Dated: January 7, 2022 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

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