Opinion
21-CV-7126 (LTS)
10-14-2021
ORDER OF DISMISSAL
LAURA TAYLOR SWAIN, CHIEF UNITED STATES DISTRICT JUDGE
By order dated August 23, 2021, the Court directed Plaintiff, within thirty days, to resubmit the signature page of the complaint with an original signature, and either pay the $402.00 in filing fees that are required to file a civil action in this Court or, to request authorization to proceed in forma pauperis (IFP), that is, without prepayment of fees, submit a signed IFP application and, if incarcerated, a prisoner authorization. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not resubmitted the complaint's signature page with an original signature, paid the filing fees, or filed an IFP application and prisoner authorization. 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). 1
The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket.
SO ORDERED. 2