Jackson v. City of Peekskill Police Department

UNITED STATES DISTRICT COURT P POC Gan □□ SOUTHERN DISTRICT OF NEW YORK PSEC Re □□ WALTER J. JACKSON, (OTEU pre I □□ Plaintiff, OER ge □□□□ □□□ Vv. : ORDER □□□□□□□□ □□□ ALVARO FARIAS, Detective, Shield #103; : 19 CV 10870 (VB) and CITY OF PEEKSKILL, Defendants.

A ke eh By Order dated July 23, 2020, the Court granted plaintiff, proceeding pro se and in forma pauperis, leave to file a second amended complaint in this action. (Doc. #22).

By letter dated July 29, 2020, plaintiff asks to withdraw his request to file a second amended complaint. (Doc. #23).

Plaintiff's request is GRANTED. Plaintiffs amended complaint remains the operative pleading in this action. (See Doc. #7).

Accordingly, it is HEREBY ORDERED: 1. Defendants’ reply, if any, in further support of their motion to dismiss (Doc. #16) shall be due August 13, 2020.

2. The Court will consider the motion in due course.

The Court certifies pursuant to 28 U.S.C. § 1915(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 purposes of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962).

Chambers will mail a copy of this Order to plaintiff at the address on the docket.

Dated: August 6, 2020 White Plains, NY SO sud | All Vincent L. Briccetti United States District Judge