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Ross v. Harrell

United States District Court, S.D. New York
Apr 20, 2022
22-CV-1386 (LTS) (S.D.N.Y. Apr. 20, 2022)

Opinion

22-CV-1386 (LTS)

04-20-2022

DARNELL ROSS, et al., Plaintiffs, v. BRUCE HARRELL, et al., Defendants.


ORDER OF DISMISSAL

LAURA TAYLOR SWAIN, CHIEF UNITED STATES DISTRICT JUDGE:

By order dated March 1, 2022, the Court directed Plaintiff Darnell Ross, within thirty days, to pay the $400.00 in fees that are required to file a civil action in this court or submit a completed request to proceed in forma pauperis (“IFP application”). The Court also directed Ross to resubmit the signature page of the complaint.

The Court also dismissed the seven individuals listed in the complaint as plaintiffs.

On March 11, 2022, the order was returned to the court with a notation on the envelope indicating that the mail was undeliverable to the address Ross had provided with his complaint. Accordingly, the complaint, filed IFP pursuant to 28 U.S.C. § 1915(a)(1), is dismissed without prejudice because Ross has not complied with the March 1, 2022 order, has failed to notify the Court of a change of mailing address, and has not initiated any further contact with the Court, written or otherwise. See 28 U.S.C. §§ 1914, 1915; Fed.R.Civ.P. 11(a).

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.


Summaries of

Ross v. Harrell

United States District Court, S.D. New York
Apr 20, 2022
22-CV-1386 (LTS) (S.D.N.Y. Apr. 20, 2022)
Case details for

Ross v. Harrell

Case Details

Full title:DARNELL ROSS, et al., Plaintiffs, v. BRUCE HARRELL, et al., Defendants.

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

Date published: Apr 20, 2022

Citations

22-CV-1386 (LTS) (S.D.N.Y. Apr. 20, 2022)