Sabino v. Chairperson of Divi of NYS Parole et al

Filing 5

ORDER OF DISMISSAL: The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The action is voluntarily dismissed pursuant to Fed. R. Civ. P. 41(a). This order closes this case. The Court certifies u nder 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). (Signed by Judge Colleen McMahon on 1/7/2021) (sac) Transmission to Docket Assistant Clerk for processing.

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Case 1:20-cv-07765-CM Document 5 Filed 01/07/21 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SAUL SABINO, Plaintiff, -against- 20-CV-7765 (CM) CHAIRPERSON OF DIVI OF NYS PAROLE; CITY OF NEW YORK; JOE/JANE DOE, AUTHOR & SIGNATURE OF PAROLE WARRANT ISSUED MAY/2019, ORDER OF DISMISSAL Defendants. COLLEEN McMAHON, Chief United States District Judge: On January 4, 2021, the Court received Plaintiff’s December 12, 2020 letter, requesting that the Court “cancel/dismiss” this action. (See ECF No. 4.) The Court therefore grants Plaintiff’s request. This action is withdrawn pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. CONCLUSION The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The action is voluntarily dismissed pursuant to Fed. R. Civ. P. 41(a). This order closes this case. 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 Case 1:20-cv-07765-CM Document 5 Filed 01/07/21 Page 2 of 2 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: January 7, 2021 New York, New York COLLEEN McMAHON Chief United States District Judge 2

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