Antonio v. United States of America

Filing 5

ORDER OF DISMISSAL: By order dated March 6, 2023, the Court directed Plaintiff to file an amended complaint within 60 days. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an amended complaint. Accordingly, the Court dismisses the complaint, filed in forma pauperis ("IFP") under 28 U.S.C. § 1915(a)(1), for failure to state a claim on which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii). The Court c ertifies 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 5/17/2023) (sac)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
KALLIJACH ANTONIO,
Plaintiff,
-againstUNITED STATES OF AMERICA;
CONFIDENTIAL INFORMANT #1;
CONFIDENTIAL INFORMANT #2;
CONFIDENTIAL INFORMANT #3,

23-CV-0079 (LTS)
ORDER OF DISMISSAL

Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:
By order dated March 6, 2023, the Court directed Plaintiff to file an amended complaint
within 60 days. That order specified that failure to comply would result in dismissal of the
complaint. Plaintiff has not filed an amended complaint. 1 Accordingly, the Court dismisses the
complaint, filed in forma pauperis (“IFP”) under 28 U.S.C. § 1915(a)(1), for failure to state a
claim on which relief may be granted. See 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).

1

On March 8, 2023, the Clerk of Court mailed of copy of the Court’s March 6, 2023, order to
Plaintiff at Plaintiff’s address of record. On April 10, 2023, it was returned with a notation from
the United States Postal Service that the address to which it was mailed was insufficient.
Plaintiff’s address of record matches the address that Plaintiff provided in the complaint. Plaintiff
has failed to notify the court of a change of mailing address and has not initiated any further
contact with the court, written or otherwise.

The Court directs the Clerk of Court to enter judgment in this action.
SO ORDERED.
Dated:

May 17, 2023
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge

2