Opinion
22-CV-4395 (LTS)
05-27-2022
TYRONE HURT, Plaintiff, v. U.S. CONSTITUTION, et al., Defendants.
ORDER OF DISMISSAL UNDER 28 U.S.C. § 1651
LAURA TAYLOR SWAIN, CHIEF UNITED STATES DISTRICT JUDGE
On October 11, 2013, Plaintiff was barred from filing any new action in forma pauperis (IFP) without first obtaining from the Court leave to file. See Hurt v. D.C. Bd. of Parole, ECF 1:13-CV-5365, 3 (S.D.N.Y. Oct. 11, 2013), appeal dismissed, No. 13-4474 (2d Cir. Apr. 3, 2014). Plaintiff brings this new action pro se without prepaying the filing fees and without seeking from the Court leave to file this action. The action is therefore dismissed without prejudice for Plaintiff's failure to comply with the Court's October 11, 2013 order in Hurt, ECF 1:13-CV-5365, 3.
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). SO ORDERED.