Bing v. Annucci
Filing
16
ORDER OF DISMISSAL: By order dated June 21, 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. On September 1, 2022, the Court granted Plaintiff an additional 30 days to file his amended pleading. 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 c laim 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). The Court directs the Clerk of Court to enter judgment in this action. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/15/22) (rdz)
Case 1:22-cv-04210-LTS Document 16 Filed 11/15/22 Page 1 of 1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
KALLEEM BING,
Plaintiff,
22-CV-4210 (LTS)
-against-
ORDER OF DISMISSAL
COMMISSIONER ANTHONY ANNUCCI,
Defendant.
LAURA TAYLOR SWAIN, Chief United States District Judge:
By order dated June 21, 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. On September 1, 2022, the Court granted Plaintiff an additional 30 days to file his
amended pleading. 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 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).
The Court directs the Clerk of Court to enter judgment in this action.
SO ORDERED.
Dated:
November 15, 2022
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge
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