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Brooklyn Public Library
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Misc | Filed: November 30, 2023 | Entered: December 04, 2023 Toussaint et al v. Brooklyn Public Library
Civil Rights: Other | New York Eastern
Mail Returned
Mail Returned as Undeliverable. Mail sent to Fritz Gerald Toussaint. Postal Note: "Return To Sender. Attempted - Not Known. Unable To Forward." (IH)
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Order | Filed: October 31, 2023 | Entered: November 01, 2023 Toussaint et al v. Brooklyn Public Library
Civil Rights: Other | New York Eastern
Judgment - Clerk
CLERK'S JUDGMENT that this action is dismissed without prejudice; that pursuant to 28 U.S.C. § 1915(a)(3), any appeal from this Order would not be taken in good faith; and that in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Signed by Deputy Clerk Jalitza Poveda on behalf of Clerk of Court Brenna B. Mahoney, on 10/31/2023. (Copy of Judgment and appeals packet mailed to Pro Se). (IH)
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Order | Filed: October 30, 2023 | Entered: October 30, 2023 Toussaint et al v. Brooklyn Public Library
Civil Rights: Other | New York Eastern
Order Dismissing Case
ORDER DISMISSING CASE: On January 18, 2023, Plaintiff Fritz Gerald Toussaint ("Plaintiff"), proceeding pro se, filed the Complaint in this action. See ECF No. 1 at 7. The Complaint was filed prior to the Court's July 5, 2023 issuance of a filing injunction with respect to Plaintiff. See Toussaint v. Lyft, No. 23-CV-03750 (DG) (LB), ECF No. 6. Also on January 18, 2023, the Clerk of Court issued a Notice of Deficient Filing notifying Plaintiff that his filing was deficient. See ECF No. 2 at 1. The Notice indicated that if Plaintiff decided to proceed with the action, he must, within fourteen days, pay the $402 filing fee or submit an in forma pauperis ("IFP") application, and indicated that if Plaintiff failed to do so, Plaintiff's case would not proceed and may be dismissed. See ECF No. 2 at 1. Attached to the Notice was an IFP application. See ECF No. 2 at 2-3. To date, Plaintiff has failed to pay the filing fee or submit an IFP application. See generally docket (reflecting that Plaintiff has taken no action since filing the Complaint on January 18, 2023). Accordingly, this action is dismissed without prejudice. 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 denies in forma pauperis status for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to enter judgment and to close this case. The Clerk of Court is further directed to mail a copy of this Order and a copy of the docket sheet to Plaintiff. Ordered by Judge Diane Gujarati on 10/30/2023. (MAP)
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