Homer v. Doe
Homer v. Doe
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MICHAEL HOMER, Plaintiff, -against- 22-CV-2033 (LTS) JOHN OR JANE DOE, M.D.; ORDER OF DISMISSAL SUPERINTENDENT, DOWNSTATE CORRECTIONAL FACILITY, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated April 4, 2022, the Court directed Plaintiff to file an amended complaint within 60 days. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an amended complaint. Accordingly, the complaint, filed in forma pauperis (“IFP”) under
28 U.S.C. § 1915(a)(1), is dismissed for failure to state a claim upon which relief may be granted pursuant to
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: July 11, 2022 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
Reference
- Status
- Unknown