Swint v. Facebook

Filing 3

ORDER OF DISMISSAL: By order dated August 16, 2023, the Court directed Plaintiff, within thirty days, to submit a completed application 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 action. SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/5/2023) (sac)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ROBERT JAMES SWINT,
Plaintiff,

23-CV-7213 (LTS)

-against-

ORDER OF DISMISSAL

FACEBOOK,
Defendant.

LAURA TAYLOR SWAIN, Chief United States District Judge:
By order dated August 16, 2023, the Court directed Plaintiff, within thirty days, to submit
a completed application 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 action.
SO ORDERED.
Dated:

October 5, 2023
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge