Moore v. City of New York et al

Filing 13

ORDER: As Plaintiff still has not submitted an IFP application or paid the fees, the Court declines to treat the November 19, 2024 letter as a motion for reconsideration of the Court's order of dismissal. This action is closed. The Court cert ifies 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 appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/21/2024) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ALI MOORE,
Plaintiff,
-againstCITY OF NEW YORK, et al.,

24-CV-6635 (LTS)
ORDER

Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff brings this action pro se. He filed his complaint on August 26, 2024, without
payment of the $405.00 in fees or a request to waive the fees. The Court therefore directed
Plaintiff, in two separate orders dated September 10, 2024, and October 25, 2024, to pay the fees
or submit an in forma pauperis (“IFP”) application. (See ECF 3, 9.) In both orders, the Court
warned Plaintiff that, if he did not pay the fees or submit an IFP application, the Court would
dismiss the action without prejudice. Plaintiff did not comply with the orders, and on November
15, 2024, the Court dismissed the action. On November 19, 2024, Plaintiff submitted a letter
indicating that he did not receive from the court the IFP application in time to meet the deadline
set in the October 25, 2024 order; he did not, however, submit an IFP application with his
November 19, 2024 letter.
As Plaintiff still has not submitted an IFP application or paid the fees, the Court declines
to treat the November 19, 2024 letter as a motion for reconsideration of the Court’s order of
dismissal. This action is closed.
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 appellant demonstrates

good faith when seeking review of a nonfrivolous issue).
SO ORDERED.
Dated:

November 21, 2024
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge

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