UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DARRYLL.BATISTE, SSS

Plaintiff, -against- 22 CIVIL 9772 (GHW) JUDGMENT THE CITY OF NEW YORK, Defendant. wane

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated February 2, 2023, and by order dated November 23, 2022, the Court directed Plaintiff to file an amended complaint within 45 days. Dkt. No. 3. That order specified that failure to comply would result in dismissal of the complaint. By order dated January 10, 2023, the Court granted Plaintiff *s request for an extension of time and directed him to file an amended complaint by January 24, 2023. Dkt. No. 5. Plaintiff has filed an amended complaint. The Court dismisses the complaint for failure to state a claim on which relief may be granted. The Court certifies under

(a)(3) that any appeal from the order would not be in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge United States,

(1962) (holding that an appellant demonstrates good faith when he seeks of a nonfrivolous issue); accordingly, the case 1s closed. Dated: New York, New York February 2, 2023

RUBY J. KRAJICK

Clerkof Court BY: HK MENGO Deputy Clerk