Rivera v. Molina

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK GABRIEL J. RIVERA, Plaintiff, 23-CV-4128 (LTS) -against- ORDER OF DISMISSAL LOUIS MOLINA; CITY OF NEW YORK, Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated July 27, 2023, the Court directed Plaintiff to file an amended complaint within 60 days.1 That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an amended complaint. Accordingly, the Court dismisses the complaint for failure to state a claim on which relief may be granted. See 28 U.S.C. § 1915A(b)(1).

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. 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 action.

SO ORDERED.

Dated: October 27, 2023 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

1 Plaintiff, who is currently incarcerated at Elmira Correctional Facility, paid the fees to bring this action.