UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CHRISTOPHER PEGUERO, Plaintiff, 20-CV-2693 (CM) -against- ORDER OF DISMISSAL DEPARTMENT OF CORRECTIONS, Defendant. COLLEEN McMAHON, Chief United States District Judge: Plaintiff, currently detained in the Otis Bantum Correctional Center on Rikers Island, brought this action pro se. On April 28, 2020, Alexis Padilla of the Law Office of Alexis G. Padilla filed a Notice of Appearance on behalf of Plaintiff. (ECF No. 4.) On the same date, counsel submitted the attached letter (ECF No. 6) requesting that the Court dismiss the complaint without prejudice pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. Accordingly, the Court grants Plaintiff’s request to withdraw this action pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. The Clerk of Court is directed not to charge Plaintiff the $350.00 filing fee for this action, and the Warden or Superintendent having custody of Plaintiff is directed to suspend any previously authorized monetary deduction from Plaintiff’s prison trust account for this lawsuit. CONCLUSION The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. Plaintiff is granted in forma pauperis under

(a)(1) for the limited purpose of dismissing this complaint without prejudice. The complaint is voluntarily dismissed pursuant to Fed. R. Civ. P. 41(a). The Court certifies under

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

(1962). SO ORDERED. Dated: April 29, 2020 New York, New York hie. Iu Chief United States District Judge

ALEXIS G. PADILLA Attorneyat Law 575 Decatur Street #3 Brooklyn, NY 11233 Tel. 917 238 2993 [email protected] April 28, 2020 BY ECF Hon. Colleen McMahon Chief United States District Judge United States District Court Southern District of New York Daniel Patrick Moynihan United States Courthouse 500 Pearl St. New York, NY 10007 Re: Christopher Peguerov. Department of Corrections 20-CV-2693 (CM) Your Honor: My office represents the plaintiff, Christopher Peguero, in the above-referenced matter. I write in response to the Court’s April 2, 2020 Order directing the plaintiff to provide a signed Prisoner Authorization form and to respectfully request that this case be dismissed without prejudice. By way of background, Mr. Peguero filed this action pro-se while in the custody of the New York City Department of Corrections. He later contacted my office and I agreed to takeon his case. However, at this time I respectfully request that this action bedismissed without prejudicepursuant to Federal Rule of Civil Procedure 41(a)(2) as I do not intend to prosecute Mr. Peguero’s claims under federal statutes. I thank the Court in advance for its time and attentionto this matter. Respectfully submitted, /s/ Alexis G. Padilla, Esq. Attorney for Christopher Peguero