Megginson v. Stukes

District Court, S.D. New York

Megginson v. Stukes

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MICHAEL E. MEGGINSON, Plaintiff, 21-CV-10689 (LTS) -against- 21-CV-10690 (LTS)

CHIEF OF DEPARTMENT STUKES, et al., ORDER OF DISMISSAL Defendants. MICHAEL E. MEGGINSON, Plaintiff, -against- CHIEF STUKES, et al., Defendants. LAURA TAYLOR SWAIN, United States District Judge: By order dated February 28, 2022, the Court consolidated the two actions under case numbers 21-CV-10689 and 21-CV-10690, and directed Plaintiff to file an amended complaint under case number 21-CV-10689 within sixty days. That order specified that failure to comply would result in dismissal of the two complaints for failure to state a claim on which relief may be granted. Plaintiff has not filed an amended complaint. Accordingly, the complaints, filed in forma pauperis (IFP) under

28 U.S.C. § 1915

(a)(1), are dismissed for failure to state a claim under

28 U.S.C. § 1915

(e)(2)(B)(ii). 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: May 13, 2022 New York, New York

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

Reference

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