Apuzzie v. Rivera et al

Filing 6

ORDER OF DISMISSAL: 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 under 28 U.S.C. § 1915(e)(2)(B)(ii). 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). (Signed by Judge Laura Taylor Swain on 9/8/2021) (sac) Transmission to Docket Assistant Clerk for processing.

Case 1:21-cv-04700-LTS Document 6 Filed 09/08/21 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JOHN APUZZIE,
Plaintiff,
-against-

21-CV-4700 (LTS)

CAPTAIN RIVERA, E.M.T.C./C-76; LYNELLE
M. LIODIE, WARDEN OF E.M.T.C./C-76,

ORDER OF DISMISSAL

Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:
By order dated June 15, 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, 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 under 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 8, 2021
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge