Slade v. Correctional Health John Doe
Slade v. Correctional Health John Doe
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RICCO D. SLADE, Plaintiff, 23-CV-1419 (LTS) -against- ORDER OF DISMISSAL CORRECTIONAL HEALTH JOHN DOE, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is currently detained in the Anna M. Kross Center on Rikers Island, is proceeding pro se. On April 25, 2023, the Court received a letter from Plaintiff stating that he wishes to discontinue this action because he has an attorney who is pursuing this matter in state court. (ECF 9.) The Court grants Plaintiff’s request to withdraw this action, and the complaint is dismissed under Rule 41(a) of the Federal Rules of Civil Procedure. The Clerk of Court is directed not to charge Plaintiff the $350.00 filing fee for this action, and the Warden or Superintendent having custody of Plaintiff is directed to suspend any previously authorized monetary deduction from Plaintiff’s prison trust account for this lawsuit. 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 in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States,
369 U.S. 438, 444-45(1962). SO ORDERED. Dated: April 25, 2023 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
Reference
- Status
- Unknown