Quaglia v. Flynn et al

Filing 4

ORDER OF DISMISSAL: By order dated July 27, 2022, the Court directed Plaintiff, within 30 days, to submit a request to proceed in forma pauperis (IFP) 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 or paid the fees. Accordingly, the complaint is dismissed 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, 44445 (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)

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Case 1:22-cv-06240-LTS Document 4 Filed 09/15/22 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK FRANK M. QUAGLIA D/B/A FULL CIRCLE GLASS, Plaintiff, 22-CV-6240 (LTS) -against- ORDER OF DISMISSAL JOHN J. FLYNN; AMERICAN LEGION (POST 663), Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated July 27, 2022, the Court directed Plaintiff, within 30 days, to submit a request to proceed in forma pauperis (IFP) 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 or paid the fees. Accordingly, the complaint is dismissed 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 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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