a} CE he ENE oh UNITED STATES DISTRICT COURT 2827508 uk? SOUTHERN DISTRICT OF NEW YORK 8EUALS □□□ No MATTHEW JOSEPH MCAVOY, Bo. >| | Lp VY pv Plaintiff, Doo eS . . ORDER OF DISMISSAL 4 □□□ 2 (ese □□□ Gay jance™ □□ CORRECTION OFFICER FRANCO, , 20. CV 8345 (VB). see got Defendant. cra ee ee a ee ee ewer ne eee eee eee XK The Court has been advised that the parties have reached a settlement in principle in this case. Accordingly, it is hereby ORDERED that this action is dismissed without costs, and, without prejudice to the right to restore the action to the Court’s calendar, provided the application to restore the action is made by no later than March 18, 2022. To be clear, any application to restore the action must be filed by March 18, 2022, and any application to restore the action filed thereafter may be denied solely on the basis that it is untimely. All other deadlines, scheduled conferences, or other scheduled court appearances are cancelled. Any pending motions are moot. The Court certifies pursuant to

(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 purpose of an appeal. See Coppedge v. United States,

(1962). Chambers will mail a copy of this Order to plaintiff at the address on the docket. The Clerk is instructed to close the case. Dated: February 16, 2022 White Plains, NY SO ORDERED:

Vincent L. Briccetti United States District Judge