Automated Summary
Key Facts
The Court directed Plaintiff to submit a completed in forma pauperis application or pay $405.00 in filing fees by June 18, 2025, or face dismissal. Plaintiff failed to comply with this order. The complaint is dismissed without prejudice. The Court also certifies that any appeal would not be taken in good faith and denies IFP status for appeal purposes.
Issues
- The court dismissed the complaint because the plaintiff failed to submit a completed in forma pauperis application and prisoner authorization or pay the required $405 filing fees within the thirty-day period specified in the prior order.
- The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore denied IFP status for the purpose of an appeal, citing Coppedge v. United States.
Holdings
The court dismissed the complaint without prejudice because the plaintiff failed to submit a completed in forma pauperis application and prisoner authorization or pay the required $405.00 in filing fees within thirty days as directed by a June 18, 2025 order. The court also denied in forma pauperis status for any appeal from this dismissal order, determining any appeal would not be taken in good faith under 28 U.S.C. § 1915(a)(3).
Remedies
The Court dismissed the complaint without prejudice because the Plaintiff failed to submit a completed request to proceed in forma pauperis (IFP application) and prisoner authorization, or pay the $405.00 in fees required to file a civil action in this court.
Legal Principles
The Court dismissed the complaint due to failure to file an IFP application or pay filing fees. Under 28 U.S.C. § 1915(a)(3), the Court certified that any appeal would not be taken in good faith, denying IFP status for the appeal. This follows the precedent set in Coppedge v. United States, 369 U.S. 438 (1962), which establishes that good faith is demonstrated when an appellant seeks review of a nonfrivolous issue.
Precedent Name
Coppedge v. United States
Cited Statute
Title 28 of the United States Code
Judge Name
Laura Taylor Swain
Passage Text
- By order dated June 18, 2025, 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 $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 and prisoner authorization or paid the fees. Accordingly, the complaint is dismissed without prejudice.
- 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.