Opinion
23-CV-10508 (LTS)
01-29-2024
DANNY AMEN VALENTINE SHABAZZ, Plaintiff, v. GENE YOON; JENNIFER EASTERBROOK; FOREVER I LOVE AMERICA, Defendants.
ORDER OF DISMISSAL
LAURA TAYLOR SWAIN, Chief United States District Judge
By order dated January 22, 2024, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP”) or pay the $402.00 in fees required to file a civil action in this court.That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an IFP application or paid the fees.Accordingly, the complaint is dismissed without prejudice. See 28 U.S.C. §§ 1914, 1915.
On December 1, 2023, the fees to being a civil action increased to $405.00. Because Plaintiff filed this action on November 29, 2023, the previous amount of fees - $402.00 - applies to this action.
On January 25, 2024, the Court's order was returned to the court with a notation from the Unites States Postal Service indicating that the address provided by Plaintiff is vacant. Plaintiff has not provided the court with an updated address or had any further contact with the court.
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 Court directs the Clerk of Court to enter judgment.
SO ORDERED.