From Casetext: Smarter Legal Research

McGhee-Bey v. United States

United States District Court, S.D. New York
Oct 14, 2021
21-CV-7126 (LTS) (S.D.N.Y. Oct. 14, 2021)

Opinion

21-CV-7126 (LTS)

10-14-2021

JOY L. McGHEE-BEY, Plaintiff, v. UNITED STATES OF AMERICA; UNITED STATES SUPREME COURT; UNITED STATES CONGRESS, Defendants.


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


Summaries of

McGhee-Bey v. United States

United States District Court, S.D. New York
Oct 14, 2021
21-CV-7126 (LTS) (S.D.N.Y. Oct. 14, 2021)
Case details for

McGhee-Bey v. United States

Case Details

Full title:JOY L. McGHEE-BEY, Plaintiff, v. UNITED STATES OF AMERICA; UNITED STATES…

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

Date published: Oct 14, 2021

Citations

21-CV-7126 (LTS) (S.D.N.Y. Oct. 14, 2021)