Opinion
22-CV-7707 (LTS)
09-09-2022
SHAUN AKINDO ALEXANDER RUSHING, Plaintiff, v. GEORGE WASHINGTON UNIVERSITY HOSPITAL, Defendant.
ORDER OF DISMISSAL UNDER 28 U.S.C. § 1651
LAURA TAYLOR SWAIN, CHIEF UNITED STATES DISTRICT JUDGE
On January 3, 2022, Plaintiff Shaun Rushing was barred from filing any new action in forma pauperis (“IFP”) without first obtaining from the court leave to file. See Rushing v. Extra Space Storage, ECF 1:21-CV-9113, 5 (S.D.N.Y. Jan. 3, 2022). Plaintiff files this new case pro se and seeks IFP status, but he has not sought leave from the court to file it. The Court therefore dismisses the action without prejudice for Plaintiff's failure to comply with the January 3, 2022, order.
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).
The Clerk of Court is directed to enter judgment in this case.
SO ORDERED.