Cummings v. John Doe OMH Provider 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 th erefore 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 dismissing this action. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/23/2024) (sgz) Transmission to Orders and Judgments Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
NAJAY CUMMINGS,
Plaintiff,

24-CV-5506 (LTS)

-against-

ORDER OF DISMISSAL

JOHN DOE OMH PROVIDER, et al.,
Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge:
By order dated July 24, 2024, the Court directed Plaintiff, within 30 days, to pay the
$405.00 in fees required to file a civil action in this court or to submit a completed request to
proceed in forma pauperis (“IFP”) and prisoner authorization. That order specified that failure to
comply would result in dismissal of this action. Plaintiff has not paid the fees or filed an IFP
application and prisoner authorization. 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 Clerk of Court is directed to enter judgment dismissing this action.
SO ORDERED.
Dated:

September 23, 2024
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge