Frederick v. Schiff et al

Filing 8

ORDER OF DISMISSAL: By Order dated May 26, 2021, the Court directed Plaintiff to file an Amended Complaint within sixty days. (Doc. 7). That Order specified that failure to comply would result in dismissal of the Complaint. (Id. at 6). Plai ntiff 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 Clerk of the Court is directed to ma il a copy of this Order to Plaintiff and note service on the docket. 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). SO ORDERED. (Signed by Judge Philip M. Halpern on 11/17/2021) (tg)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KRISTOPHER FREDERICK, Plaintiff, -against- ORDER OF DISMISSAL 21-CV-01060 (PMH) SHERIFF M. SCHIFF, et al., Defendants. PHILIP M. HALPERN, United States District Judge: By Order dated May 26, 2021, the Court directed Plaintiff to file an Amended Complaint within sixty days. (Doc. 7). That Order specified that failure to comply would result in dismissal of the Complaint. (Id. at 6). 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 Clerk of the Court is directed to mail a copy of this Order to Plaintiff and note service on the docket. 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). SO ORDERED. Dated: November 17, 2021 White Plains, New York PHILIP M. HALPERN United States District Judge

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