Stepherson v. Haaland

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MARK ANTHONY STEPHERSON, Plaintiff, 22-CV-9202 (LTS) -against- ORDER OF DISMISSAL DEBRA ANNE HAALAND, ET AL, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated October 31, 2022, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP application”) 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. On November 10, 2022, Plaintiff filed a letter taking “exception” to the Court’s order directing him to file an IFP application or pay the filing fees. (ECF 3.) Accordingly, the complaint is dismissed without prejudice for failure to comply with the Court’s order. See 28 U.S.C. §§ 1914, 1915. 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 directed to enter judgment in this matter. SO ORDERED. Dated: November 10, 2022 New York, New York

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