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.

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 This action is withdrawn pursuant to Rule 41(a) of the Federal Rules of Civil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

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