Whidbee v. Mhay Palisade Towers
Whidbee v. Mhay Palisade Towers
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LOLA WHIDBEE, Plaintiff, 23-CV-00141 (LTS) -against- ORDER OF DISMISSAL MHAY PALISADES TOWERS, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated February 27, 2023, 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). The Clerk of Court is directed to enter judgment in this case. SO ORDERED. Dated: May 16, 2023 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
Reference
- Status
- Unknown