Sacchetti v. Westchester DOC
Sacchetti v. Westchester DOC
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TOBIA SACCHETTI, Plaintiff, 22-CV-4508 (LTS) -against- ORDER OF DISMISSAL WESTCHESTER DOC; WESTCHESTER COUNTY JAIL, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated October 11, 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. On November 16, 2022, the order was returned to the Court with a notation on the envelope indicating that the mail was not deliverable because Plaintiff was no longer held at that facility. As Plaintiff has not complied with the Court’s order, has failed to notify the Court of a change of mailing address, and has not initiated any further contact with the Court, written or otherwise, the complaint, filed in forma pauperis (IFP) pursuant to
28 U.S.C. § 1915(a)(1), is dismissed for failure to state a claim upon which relief may be granted. 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 directed to enter judgment in this case. SO ORDERED. Dated: January 6, 2023 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
Reference
- Status
- Unknown