Tucker v. Department of Corrections

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK THEODORE TUCKER,

Plaintiff,

20-CV-9496 (LTS)

-against-

ORDER OF DISMISSAL

DEPARTMENT OF CORRECTIONS, et al.,

Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge:

By order dated September 20, 2021, the Court directed Plaintiff to file a third amended complaint within thirty days. That order specified that failure to comply would result in dismissal of the second amended complaint. Plaintiff has not filed a third amended complaint. Accordingly, the second amended complaint, filed in forma pauperis (IFP) under 28 U.S.C. § 1915(a)(1), is dismissed under 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 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: November 8, 2021

New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN

Chief United States District Judge