Harris v. Harris

District Court, S.D. New York

Harris v. Harris

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LAQUAN DEVOTA HARRIS, Plaintiff, 19-CV-11658 (CM) -against- ORDER OF DISMISSAL SARAH A. HARRIS, et al., Defendants. COLLEEN McMAHON, Chief United States District Judge: By order dated March 9, 2020, 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.1 Accordingly, the complaint, filed in forma pauperis (IFP) pursuant to

28 U.S.C. § 1915

(a)(1), is dismissed for failure to state a claim upon which relief may be granted, see

28 U.S.C. § 1915

(e)(2)(B)(ii). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The Clerk of Court is further directed to terminate all other pending matters. 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.

1 The Clerk of Court mailed a copy of the Court’s March 9, 2020 order to Plaintiff at the address he provided. But on May 7, 2020, it was returned to the Court with a notation on the envelope stating that it had been refused. 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: June 5, 2020 , New York, New York Bu. ly Wyk COLLEEN McMAHON Chief United States District Judge

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