Miller v. The State of New York
Miller v. The State of New York
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK BRIAN MILLER, Plaintiff, 21-CV-4162 (LTS) -against- ORDER OF DISMISSAL THE CITY OF NEW YORK, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated May 18, 2021, the Court directed Plaintiff to file an amended complaint within sixty days. On June 8, 2021, the order was returned to the Court with a notation on the envelope indicating that Plaintiff had been discharged from the facility. Plaintiff has failed to notify the Court of a change of mailing address or initiate any further contact with the Court. Accordingly, Plaintiff’s complaint, filed in forma pauperis pursuant to
28 U.S.C. § 1915(a)(1), is dismissed without prejudice. See
28 U.S.C. §§ 1914, 1915. 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). The Clerk of Court is directed to mail a copy of this order to Plaintiff at his address of record, and note service on the docket. SO ORDERED. Dated: June 9, 2021 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
Reference
- Status
- Unknown