Smith v. Viacom CBS, Inc. ( 2020 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CHARMANE SMITH, Plaintiff, 20-CV-9929 (CM) -against- ORDER OF DISMISSAL VIACOM CBS, INC.; NATIONAL UNDER 28 U.S.C. § 1651 AMUSEMENTS, INC., Defendants. COLLEEN McMAHON, Chief United States District Judge: On December 2, 2016, Plaintiff was barred from filing any new action in forma pauperis (IFP) without first obtaining from the Court leave to file. See Smith v. Chase Bank, ECF 1:11- CV-2270, 8 (S.D.N.Y. Dec. 2, 2016). Plaintiff files this new pro se case, seeks IFP status, but has not sought leave from the Court. The Court therefore dismisses this action without prejudice for Plaintiff’s failure to comply with the December 2, 2016 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 IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. Dated: December 1, 2020 New York, New York hie. ly Wyk COLLEEN McMAHON Chief United States District Judge