Opinion
21-CV-4295 (LTS)
09-28-2021
NAJIBE ALHAJ, Plaintiff, v. RICHARD AKWAMOAH, et al., Defendants.
ORDER OF DISMISSAL
LAURA TAYLOR SWAIN, Chief United States District Judge:
By orders dated June 2, 2021, and August 4, 2021, the Court directed Plaintiff to submit a completed prisoner authorization or pay the $402.00 in fees required to file a civil action in this Court. In the alternative, the Court directed Plaintiff, if he was not a prisoner at the time he filed his complaint, to complete a declaration stating facts showing that he was not a prisoner. Both orders specified that failure to comply would result in dismissal of the complaint.
On August 31, 2021, the Court received a declaration from Plaintiff, in which he states that he does not know Defendant Richard Akwamoah and that he would like the Court to “cancel[ ]” this defendant. (ECF 9, at 1.) Plaintiff does not address whether he was a prisoner at the time he filed the complaint nor does he submit a prisoner authorization. Accordingly, the complaint is dismissed without prejudice. See 28 U.S.C. §§ 1914, 1915.
CONCLUSION
The complaint is dismissed without prejudice for failure to submit a prisoner authorization. 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 mail a copy of this order to Plaintiff and note service on the docket.
SO ORDERED.