From Casetext: Smarter Legal Research

Alhaj v. Akwamoah

United States District Court, S.D. New York
Sep 28, 2021
21-CV-4295 (LTS) (S.D.N.Y. Sep. 28, 2021)

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.


Summaries of

Alhaj v. Akwamoah

United States District Court, S.D. New York
Sep 28, 2021
21-CV-4295 (LTS) (S.D.N.Y. Sep. 28, 2021)
Case details for

Alhaj v. Akwamoah

Case Details

Full title:NAJIBE ALHAJ, Plaintiff, v. RICHARD AKWAMOAH, et al., Defendants.

Court:United States District Court, S.D. New York

Date published: Sep 28, 2021

Citations

21-CV-4295 (LTS) (S.D.N.Y. Sep. 28, 2021)