Moore v. Duffie
1:24-cv-07178
S.D.N.Y.
Nov 20, 2024
Check Treatment
Docket
Opinion Summary

Facts

  1. Charisse Samantha Moore filed a civil action against Tara Roseanne Duffie, Ansley Geno, and Ryanne Duffie in the United States District Court, Southern District of New York [lines="3-9"].
  2. The court ordered Moore on September 30, 2024, to submit an in forma pauperis (IFP) application or pay the required $405.00 filing fee within thirty days [lines="13-15"].
  3. The order specified that failure to comply would lead to dismissal of the complaint [lines="16-17"].
  4. Moore did not file the IFP application or pay the fees as instructed [lines="18"].
  5. Consequently, the complaint was dismissed without prejudice on November 15, 2024 [lines="11"], [lines="19"].

Issues

  1. Whether the court acted within its authority to dismiss the complaint due to the plaintiff's failure to file an IFP application or pay the required fees [lines="11-19"].
  2. Whether the court was correct in certifying that any appeal from this order would not be taken in good faith [lines="22-23"].

Holdings

  1. The court properly dismissed the complaint without prejudice for failing to comply with the order regarding IFP application or fee payment [lines="11-19"].
  2. The court's certification that any appeal would not be taken in good faith was upheld, denying IFP status for the purpose of an appeal [lines="22-23"].

OPINION

*1 Case 1:24-cv-07178-LTS Document 9 Filed 11/20/24 Page 1 of 1 UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

CHARISSE SAMANTHA MOORE,

Plaintiff, 24cv7178 (LTS) -against- CIVIL JUDGMENT TARA ROSEANNE DUFFIE; ANSLEY GENO; RYANNE DUFFIE,

Defendants. For the reasons stated in the November 15, 2024, order, this action is dismissed. By order dated September 30, 2024, the Court directed Plaintiff, within thirty days, to submit a completed request to proceed in forma pauperis (“IFP application”) or pay the $405.00 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 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).

SO ORDERED.

Dated: November 20, 2024

New York, New York

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