Phillips v. Russ et al

Filing 11

ORDER: The Court grants Plaintiff 30 days' leave to refile the amended complaint. If Plaintiff files an amended complaint, the Court will reopen this action and screen the amended complaint as required by the in forma pauperis statute, 28 U.S. C. § 1915(e)(2)(B). If Plaintiff does not file an amended complaint within the prescribed deadline, the action will remain closed. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in goo d faith, and therefore in forma pauperis 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 Chief Judge Laura Taylor Swain on 6/3/2024) (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CLIO PHILLIPS,
Plaintiff,
-againstLEONARD RUSS AND LINDA MYERS
RUSS D/B/A BAYBERRY CARE CENTER;
UNITED FOOD AND COMMERCIAL
WORKERS UNION,

23-CV-8283 (LTS)
ORDER

Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff brings this action pro se. By order dated December 5, 2023, the Court directed
Plaintiff to file an amended complaint within 60 days. (ECF 4.) By order dated February 6, 2024,
the Court granted Plaintiff an additional 60-day extension. (ECF 6.) Because the Court did not
receive an amended complaint, by order dated April 49, 2024, the Court dismissed the complaint
for failure to state a claim on which relief may be granted and for lack of subject matter
jurisdiction. (ECF 8.)
On May 30, 2024, the Court received a letter from Plaintiff in which she states that she
filed an amended complaint with the Court’s Pro Se Intake Unit on April 8, 2024, but that the
amended complaint was not docketed. (ECF 10.) The Court has confirmed with the Clerk’s
Office that it is not in receipt of an amended complaint from Plaintiff, nor does it have a record
of receiving an amended complaint from Plaintiff on April 8, 2024. The Court grants Plaintiff 30
days’ leave to refile the amended complaint. If Plaintiff files an amended complaint, the Court
will reopen this action and screen the amended complaint as required by the in forma pauperis
statute, 28 U.S.C. § 1915(e)(2)(B). If Plaintiff does not file an amended complaint within the
prescribed deadline, the action will remain closed.

CONCLUSION
The Court grants Plaintiff 30 days’ leave to refile the amended complaint. If Plaintiff files
an amended complaint, the Court will reopen this action and screen the amended complaint as
required by the in forma pauperis statute, 28 U.S.C. § 1915(e)(2)(B). If Plaintiff does not file an
amended complaint within the prescribed deadline, the action will remain closed.
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 in forma pauperis 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:

June 3, 2024
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge

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