Robinson v. Balanetre

District Court, S.D. New York

Robinson v. Balanetre

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RANDOLPH ROBINSON, Plaintiff, ORDER ~against- 21-CV-02071 (PMH) DELTA BALANETRE, Superintendent; RONDA MURRAY, Nurse Administrator, Defendants.

PHILIP M. HALPERN, United States District Judge: On April 20, 2022, the Court issued a Memorandum Opinion and Order (the “Order’”) which granted Defendants’ motion to dismiss without prejudice. (Doc. 22). The Order permitted Plaintiff to file an amended complaint by May 20, 2022 to address the pleading deficiencies identified therein and specified that failure to file an amended complaint by May 20, 2022 would result in dismissal of the complaint without further notice. (/d. at 12). Plaintiff, to date, has not filed an amended complaint. Accordingly, the 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 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 respectfully requested to mail a copy of this order to Plaintiff and to close this case. SO ORDERED: Dated: White Plains, New York May 27, 2022 ( / Philip M. Halpern United States District Judge

Reference

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