Clifton v. The State of New York et al

Filing 7

ORDER OF DISMISSAL: By order dated April 3, 2024, the Court granted Plaintiff one final opportunity to file an amended complaint. That order specified that failure to file an amended complaint within 30 days would result in dismissal of the compla int. 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 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 Clerk of Court is directed to enter judgment in this case. (Signed by Judge Laura Taylor Swain on 5/6/2024) (rro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
BRANDON DE’AUNDRE CLIFTON,
Plaintiff,

23-CV-10257 (LTS)

-against-

ORDER OF DISMISSAL

STATE OF NEW YORK, ET AL.,
Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge:
By order dated April 3, 2024, the Court granted Plaintiff one final opportunity to file an
amended complaint. That order specified that failure to file an amended complaint within 30
days 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 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 Clerk of Court is directed to enter judgment in this case.
SO ORDERED.
Dated:

May 6, 2024
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge