Labossiere v. Downstate Correctional Facility et al

Filing 9

ORDER OF DISMISSAL: By order dated February 7, 2022, 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 a mended 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 Court certifies un der 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 5/6/22) (rdz)

Case 1:21-cv-10540-LTS Document 9 Filed 05/06/22 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
WILFRED LABOSSIERE,
Plaintiff,
21-CV-10540 (LTS)

-against-

ORDER OF DISMISSAL

DOWNSTATE CORRECTIONAL FACILITY;
C.O. AKINWUNMI; C.O. A. JONES,
Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge:
By order dated February 7, 2022, 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 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:

May 6, 2022
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge