John Doe v. NYC Dept. of Corrections

Filing 3

ORDER OF DISMISSAL By order dated February 22, 2024, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis ("IFP application") and prisoner authorization 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 the complaint. Plaintiff has not filed an IFP application and prisoner authorization 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 Court directs the Clerk of Court to enter judgment. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/25/2024) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JOHN DOE,
Plaintiff,

24-CV-1139 (LTS)

-against-

ORDER OF DISMISSAL

NYC DEPT. OF CORRECTIONS,
Defendant.

LAURA TAYLOR SWAIN, Chief United States District Judge:
By order dated February 22, 2024, the Court directed Plaintiff, within thirty days, to
submit a completed request to proceed in forma pauperis (“IFP application”) and prisoner
authorization 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 the complaint. Plaintiff has not filed
an IFP application and prisoner

authorization 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 Court directs the Clerk of Court to enter judgment.
SO ORDERED.
Dated:

March 25, 2024
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge