Ellis v. Kim

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ERICK ELLIS, Plaintiff, 21-CV-5998 (LTS) -against- ORDER OF DISMISSAL DR. KIM, ET AL., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated July 14, 2021, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP application”) and prisoner authorization 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 and prisoner authorization or paid the fee.1 Accordingly, the complaint is dismissed without prejudice to Plaintiff’s refiling a new action. See 28 U.S.C. §§ 1914, 1915. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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). Dated: August 16, 2021 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

1 Plaintiff also filed a letter, received on July 29, 2021, in which he seems to withdraw the complaint because it was prematurely filed.