Howell v. Nickolas

Filing 6

ORDER OF DISMISSAL... 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 woul d 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 case. SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/18/24) (yv) Transmission to Orders and Judgments Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
GARY WAYNE HOWELL,
Plaintiff,

23-CV-10361 (LTS)

-against-

ORDER OF DISMISSAL

MILLER PROCTER NICKOLAS,
Defendant.

LAURA TAYLOR SWAIN, Chief United States District Judge:
By order dated June 10, 2024, 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 for failure to state a claim upon which relief may be granted. 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 Court directs the Clerk of Court to enter judgment in this case.
SO ORDERED.
Dated:

October 18, 2024
New York, New York

/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge