Hayes v. ASCAP (NFPO) (inc) ( 2024 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ARIKA A. HAYES, Plaintiff, 24-CV-1883 (LTS) -against- ORDER OF DISMISSAL ACAP (NFPO), Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated March 25, 2024, the Court directed Plaintiff, within thirty days, to resubmit the signature page of the in forma pauperis application legibly written and with an original signature or prepay the filing fees. That order specified that failure to comply would result in dismissal of the complaint. The Court received Plaintiff’s amended in forma pauperis application on April 18, 2024, but the amended application is also illegible and unsigned. (ECF 9.) Plaintiff also did not prepay the filing fees. Accordingly, the Court dismisses this action without prejudice to Plaintiff’s refiling it. 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 in forma pauperis 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: May 29, 2024 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge