Credle v. The State of New York et al

Filing 8

ORDER OF DISMISSAL: By order dated June 3, 2021, the Court granted Plaintiff leave to file an amended complaint within sixty days. That order specified that failure to comply would result in dismissal of the complaint for failure to state a claim on which relief may be granted. Plaintiff has not filed an amended complaint. Accordingly, the complaint, filed in forma pauperis (IFP) under 28 U.S.C. § 1915(a)(1), is dismissed for failure to state a claim on which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii). 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 tak en 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-04216-LTS Document 8 Filed 09/07/21 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JAMARR CREDLE,
Plaintiff,
-againstTHE CITY OF NEW YORK,

1:21-CV-4216 (LTS)
ORDER OF DISMISSAL

Defendant.
LAURA TAYLOR SWAIN, Chief United States District Judge:
By order dated June 3, 2021, the Court granted Plaintiff leave to file an amended
complaint within sixty days. That order specified that failure to comply would result in dismissal
of the complaint for failure to state a claim on which relief may be granted. Plaintiff has not filed
an amended complaint. Accordingly, the complaint, filed in forma pauperis (IFP) under 28
U.S.C. § 1915(a)(1), is dismissed for failure to state a claim on which relief may be granted. See
28 U.S.C. § 1915(e)(2)(B)(ii).
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