Rusielewicz v. N.Y.S. Dept of Corrections and Community Supervision

District Court, S.D. New York

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. § 1983

and 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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