Moultrie v. New York City Department of Corrections, A.M.K.C.

Filing 8

ORDER OF DISMISSAL: By order dated July 2, 2021, the Court directed Plaintiff to file an amended complaint within sixty days. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an amend ed complaint. Accordingly, Plaintiff's claims under 42 U.S.C. § 1983 are dismissed under 28 U.S.C. § 1915(e)(2)(B)(ii), and the Court declines to exercise supplemental jurisdiction of Plaintiffs state law claims. The Clerk of Court i s directed to mail a copy of this order to Plaintiff and note service on the docket. 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. 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. (Signed by Judge Laura Taylor Swain on 9/7/21) (rdz) Transmission to Docket Assistant Clerk for processing.

Case 1:21-cv-03935-LTS Document 8 Filed 09/07/21 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MUKADIEN MOULTRIE,
Plaintiff,
-againstNEW YORK CITY DEPARTMENT OF
CORRECTIONS, A.M.K.C.,

21-CV-3935 (LTS)
ORDER OF DISMISSAL

Defendant.
LAURA TAYLOR SWAIN, Chief United States District Judge:
By order dated July 2, 2021, the Court directed Plaintiff to file an amended complaint
within sixty days. That order specified that failure to comply would result in dismissal of the
complaint. Plaintiff has not filed an amended complaint. Accordingly, Plaintiff’s claims under 42
U.S.C. § 1983 are dismissed under 28 U.S.C. § 1915(e)(2)(B)(ii), and the Court declines to
exercise supplemental jurisdiction of Plaintiff’s state law claims.
The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on
the docket. 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.
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:

September 7, 2021
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge