holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue
How later courts described this case
- holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
RUFUS JONES,
Plaintiff,
21-CV-11113 (LTS)
-against-
ORDER OF DISMISSAL
CRAIG STEPHEN BROWN; CARL E.
DUBOIS,
Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:
By order dated January 11, 2022, 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 fees. Accordingly, the complaint is
dismissed without prejudice. 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 mail
a copy of this order to Plaintiff and note service on the docket.
SO ORDERED.
Dated: March 16, 2022
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge