Moultrie v. New York City Department of Corrections, A.M.K.C.

District Court, S.D. New York

Moultrie v. New York City Department of Corrections, A.M.K.C.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MUKADIEN MOULTRIE, Plaintiff, 21-CV-3935 (LTS) -against- ORDER OF DISMISSAL NEW YORK CITY DEPARTMENT OF CORRECTIONS, A.M.K.C., Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated July 2, 2021, 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. Accordingly, Plaintiff’s claims under

42 U.S.C. § 1983

are dismissed under

28 U.S.C. § 1915

(e)(2)(B)(ii), and the Court declines to exercise supplemental jurisdiction of Plaintiff’s state law claims. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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). SO ORDERED. Dated: September 7, 2021 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

Reference

Status
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