Nahuatl Nation Elders et al v. Day et al

Filing 3

ORDER OF DISMISSAL: Accordingly, the Court dismisses this action 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 Court directs the Clerk o f Court to enter a judgment dismissing this action. The Court also directs the Clerk of Court to provide a copy of this order and the accompanying judgment to Plaintiff Maldonado, should she appear at the window of the court's Pro Se Intake Unit. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/25/2024) (mml)

Download PDF
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MARIA DE JESUS BALTIERRA MALDONADO, et al., Plaintiffs, -against- 1:23-CV-11303 (LTS) ORDER OF DISMISSAL MATTHEW DAY, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated January 23, 2024, the Court directed Plaintiff Maldonado, within 30 days, to submit a completed request to proceed in forma pauperis (“IFP” or “IFP application”) or pay the $405.00 in fees required to file a civil action in this court. That order specified that failure to comply would result in dismissal of this action. Plaintiff Maldonado has not filed an IFP application or paid the fees. Accordingly, the Court dismisses this action 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 Court directs the Clerk of Court to enter a judgment dismissing this action. The Court also directs the Clerk of Court to provide a copy of this order and the accompanying judgment to Plaintiff Maldonado, should she appear at the window of the court’s Pro Se Intake Unit. SO ORDERED. Dated: March 25, 2024 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?