Fredricks v. Mennin et al

Filing 3

ORDER OF DISMISSAL: By order dated July 12, 2022, the Court directed Plaintiff, within 30 days, to submit a completed request to proceed in forma pauperis (IFP) and prisoner authorization or pay the $402.00 in fees required to file a civil a ction in this court. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an IFP application and prisoner authorization or paid the fees. Accordingly, the Court dismisses the complaint wit hout 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. Cop pedge 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 enter judgment in this case. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/15/22) (rdz)

Case 1:22-cv-05920-LTS Document 3 Filed 09/15/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
NIGEL FREDRICKS,
Plaintiff,
-against-

22-CV-5920 (LTS)

JUDGE MENNIN, PART B1; JUDGE BIDEN,
PART TAP A; KENNETH GILBERTH, 18-B;
D.A. JOHN DOE, TAP A; MARTHA
LINBURGER,

ORDER OF DISMISSAL

Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:
By order dated July 12, 2022, the Court directed Plaintiff, within 30 days, to submit a
completed request to proceed in forma pauperis (IFP) and prisoner authorization or pay the
$402.00 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 not filed an IFP application and
prisoner authorization or paid the fees. Accordingly, the Court dismisses the complaint 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).

Case 1:22-cv-05920-LTS Document 3 Filed 09/15/22 Page 2 of 2

The Clerk of Court is directed to enter judgment in this case.
SO ORDERED.
Dated:

September 15, 2022
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge

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