SUONUITTEHDE RSTNA DTEISST DRIISCTTR OICFT N CEOWU YROTR K TYNEARIA A. VARLACK Plaintiff, 23-CV-9456 (LTS) -against- ORDER OF DISMISSAL CFO PETER OSVAJIK, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff, who is appearing pro se, filed this action on October 24, 2023. On November 16, 2023, Plaintiff filed a notice of voluntary dismissal (ECF No. 5), seeking to withdraw this action. The Court grants Plaintiff’s request. This action is therefore dismissed without prejudice pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. CONCLUSION Plaintiff’s request (ECF No. 5) is granted. This action is voluntarily dismissed without prejudice pursuant to Fed. R. Civ. P. 41(a). This order closes this case. The Court certifies under

(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,

(1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: November 20, 2023 New York, New York

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