Ryzhov v. $5,379,876.94 In United States Currency Formerly on Deposit in Sunflower Bank, NA

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK EVGENY RYZHOV, Plaintiff, 23-CV-1072 (JMF) -against- ORDER OF DISMISSAL KONSTANTIN MALOFEYEY, et al., Defendants. JESSE M. FURMAN, United States District Judge: By order dated March 17, 2023, the Court directed Plaintiff, within thirty days, to submit an amended IPF application or pay the $402.00 in fees required to file a civil action in this court. See ECF No. 9. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff — despite filing an amended complaint, see ECF No. 11 — has not filed an amended IPF application or paid the fees. Accordingly, the complaint is dismissed without prejudice. See 28 U.S.C. §§ 1914, 1915. If Plaintiff intends to proceed, he can move to reopen within 60 days upon payment of the filing fee. 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. Dated: April 20, 2023 New York, New York ESSE RMAN ited States District Judge