Rusielewicz v. N.Y.S. Dept of Corrections and Community Supervision
Rusielewicz v. N.Y.S. Dept of Corrections and Community Supervision
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ANTHONY RUSIELEWICZ, Plaintiff, “against: 19-CV-10272 (CM) BERE OF CORRECTIONS COMMENITY | ogDrR OF DISMISSAL OFFICER MILZA MERCEDES; NYC DEPT OF CORRECTIONS WARDEN BATISTA, Defendants. COLLEEN McMAHON, Chief United States District Judge: By order dated December 10, 2019, 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. Plaintiff has not filed an amended complaint. Accordingly, the complaint, filed in forma pauperis pursuant to
28 U.S.C. § 1915(a)(1), is dismissed under
28 U.S.C. § 1915(e)(2)(B)Gi) as to Plaintiff’s claims under
42 U.S.C. § 1983and dismissed for failure to exhaust as to Plaintiff’s claims seeking release from custody. The Clerk of 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: February 11, 2020 New York, New York hie. Iu Wyk Chief United States District Judge
Reference
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