Harvey v. Queens County District Attorney

District Court, E.D. New York

Harvey v. Queens County District Attorney

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------------------- TAFARI E. HARVEY,

Plaintiff, ORDER 18-CV-5373 (MKB) v.

QUEENS COUNTY DISTRICT ATTORNEY,

Defendant. --------------------------------------------------------------- MARGO K. BRODIE, United States District Judge: Plaintiff Tafari E. Harvey, proceeding pro se, commenced the above-captioned action on September 17, 2018 against Defendant Queens County District Attorney pursuant to

42 U.S.C. § 1983

. (Compl., Docket Entry No. 1.) By Memorandum and Order dated February 20, 2020, the Court granted Plaintiff’s request to proceed in forma pauperis, dismissed the Complaint, and granted Plaintiff leave to file an amended complaint within thirty days. (Mem. & Order dated Feb. 20, 2020, Docket Entry No. 6.) The Court also warned Plaintiff that failure to file an amended complaint would result in dismissal of the action. (Id. at 8.) More than thirty days have passed, and Plaintiff has not filed an amended complaint. Accordingly, the Court dismisses the action pursuant to

28 U.S.C. § 1915

(e)(2)(B) and 28 U.S.C. § 1915A. The Clerk of Court is directed to enter judgment and close this case, and to mail a copy of this Order to Plaintiff’s address of record. The Court certifies pursuant to

28 U.S.C. § 1915

(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States,

269 U.S. 438

, 444–45 (1962). Dated: July 29, 2020 Brooklyn, New York SO ORDERED:

s/ MKB MARGO K. BRODIE United States District Judge

Reference

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