Clapp v. Vail

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOEL M. CLAPP, Plaintiff, ORDER OF DISMISSAL -against- 24-CV-00324 (PMH) CAPT. STEVE VAIL, et al. Defendants. PHILIP M. HALPERN, United States District Judge: By Order dated June 30, 2025, the Court revoked Plaintiffs in forma pauperis status pursuant to 28 U.S.C. § 1915(g) and directed him, within 30 days, to pay the filing fees required to commence a civil action in this court. (Doc. 33 at 5-6). That Order specified that “[i]f Plaintiff does not pay the fees within the time allowed, the Court will dismiss this action without prejudice.” (/d.). Plaintiff has not paid the requisite filing fees within the time specified by the Court’s prior Order. Accordingly, the complaint is dismissed without prejudice. See Harris v. City of New York, 607 F.3d 18, 24 (2d Cir. 2010). 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 respectfully directed to close the case. SO ORDERED. Dated: White Plains, New York August 1, 2025 | Me — PHILIP M. HALPERN United States District Judge