UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JAMES EARL EVANS SR., Plaintiff, 1:23-CV-0637 (LTS) -against- ORDER OF DISMISSAL LYNDSAY SANTA, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated January 30, 2023, the Court directed Plaintiff, who appears pro se, to show cause by declaration, within 30 days of the date of that order, why the Court should not dismiss the present action without prejudice as duplicative of Evans v. Santa, 1:23-CV-0626 (LTS). The Court warned Plaintiff that if he failed to file a declaration within the time allowed, or failed to show cause why the present action should not be dismissed, the Court would dismiss the present action without prejudice as duplicative of Evans, 1:23-CV-0626 (LTS). Plaintiff has not filed a declaration. Accordingly, the Court dismisses the present action without prejudice as duplicative of Evans, 1:23-CV-0626 (LTS). CONCLUSION The Court dismisses the present action without prejudice as duplicative of Evans, 1:23- CV-0626 (LTS). The Court certifies, pursuant to

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

(1962). The Court directs the Clerk of Court to enter judgment in this action. SO ORDERED. Dated: April 4, 2023 New York, New York

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