Jones v. NYU Langone Health Multiple Sclerosis Comprehensive Care Center

District Court, S.D. New York

Jones v. NYU Langone Health Multiple Sclerosis Comprehensive Care Center

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK EVERETT D. JONES, Plaintiff, -against- 23-CV-6752 (LTS) NYU LANGONE HEALTH MULTIPLE ORDER OF DISMISSAL SCLEROSIS COMPREHENSIVE CARE CENTER; JEANA GRATCH; STEPHANIE FERNANDEZ; ILYA KISTER, MD, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated September 5, 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 for failure to state a claim on which relief may be granted. See

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 action. SO ORDERED. Dated: November 20, 2023 New York, New York

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

Reference

Status
Unknown