Smith v. Commonwealth of Virginia

S.D. New York

Smith v. Commonwealth of Virginia

District Court, S.D. New York·Decided September 15, 2020·No. 1:20-cv-07521·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK WESLEY EDWARD SMITH, III, Plaintiff, 20-CV-7521 (CM) against- ORDER OF DISMISSAL COMMONWEALTH OF VIRGINIA, UNDER 28 U.S.C. § 1651 Defendant. COLLEEN McMAHON, Chief United States District Judge: On February 27, 2014, Plaintiff was barred from filing any new action in forma pauperis (IFP) without first obtaining from the Court leave to file. See Smith v. Commonwealth of Virginia, No. 1:13-CV-8111, 7 (LAP) (S.D.N.Y. Feb. 27, 2014). Plaintiff files this new pro se case, seeks IFP status, and has not sought leave from the Court. This action is therefore dismissed without prejudice for Plaintiff’s failure to comply with the February 27, 2014 order. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. Dated: September 15, 2020 New York, New York hie. Iu Wyk Chief United States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK WESLEY EDWARD SMITH, III, Plaintiff, 20-CV-7521 (CM) against- ORDER OF DISMISSAL COMMONWEALTH OF VIRGINIA, UNDER 28 U.S.C. § 1651 Defendant. COLLEEN McMAHON, Chief United States District Judge: On February 27, 2014, Plaintiff was barred from filing any new action in forma pauperis (IFP) without first obtaining from the Court leave to file. See Smith v. Commonwealth of Virginia, No. 1:13-CV-8111, 7 (LAP) (S.D.N.Y. Feb. 27, 2014). Plaintiff files this new pro se case, seeks IFP status, and has not sought leave from the Court. This action is therefore dismissed without prejudice for Plaintiff’s failure to comply with the February 27, 2014 order. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. Dated: September 15, 2020 New York, New York hie. Iu Wyk Chief United States District Judge

Smith v. Commonwealth of Virginia, (S.D.N.Y. 2020).

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