Opinion
21-CV-8135 (LT S)
10-04-2021
ORDER OF DISMISSAL UNDER 28 U.S.C. § 1651
LAURA TAYLOR SWAIN, CHIEF UNITED STATES DISTRICT JUDGE.
On October 1, 2014, Judge Loretta A. Preska barred Plaintiff from filing any new civil action in this court in forma pauperis (“IFP”), without first obtaining from the Court leave to file. See Seals v. McClurkin, ECF 1:14-CV-6080, 7 (S.D.N.Y. Oct. 1, 2014). Plaintiff files this new action pro se without paying the filing fees or seeking leave to file the action. The action is dismissed without prejudice for Plaintiff's failure to comply with the October 1, 2014 order in Seals, ECF 1:14-CV-6080, 7.
Even if Plaintiff had sought leave to file this action, the application is not a departure from Plaintiff's pattern of frivolous litigation.
CONCLUSION
The Court dismisses this action without prejudice. Plaintiff has consented to electronic service. (ECF 3.) The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from 1 this order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
SO ORDERED. 2