Moshir v. Chef/Cook et al
Filing 3
ORDER OF DISMISSAL: By order dated September 28, 2023, the Court directed Plaintiff, within 30 days, to submit a completed request to proceed in forma pauperis (IFP application) or pay the $402.00 in fees required to file a civil action in t his 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. §§ 19 14, 1915. The Court has previously warned Plaintiff that further vexatious or frivolous litigation in this Court may result in an order barring Plaintiff from filing new actions IFP unless he receives prior permission. See Moshir v. IGPP USA, In c., ECF 23-CV-8459, 3 (S.D.N.Y. Oct. 31, 2023) (relying on 28 U.S.C. § 1651). The Court repeats that warning. 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 theref ore 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). Judgment shall enter. (Signed by Chief Judge Laura Taylor Swain on 11/14/2023) (tg)
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