Pagan v. DOC OMH Agencies

District Court, S.D. New York

Pagan v. DOC OMH Agencies

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JERRY PAGAN, Plaintiff, -against- 22-CV-1352 (LTS) DOC OMH AGENCIES; USA INVOLVED PERSONS; ANY ASSIGNED PERSONS ORDER OF DISMISSAL KIRBY PSYCHIATRIC CENTER; SEARS; YACUBIE NADIR; DOE OFFICERS MAN- WOMAN; MHLS TREATMENT TEAM, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated April 18, 2022, the Court directed Plaintiff to file an amended complaint within sixty 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 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). Judgment shall issue. SO ORDERED. Dated: August 5, 2022 New York, New York

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

Reference

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