Williams v. Food Bank Company

District Court, S.D. New York

Williams v. Food Bank Company

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RAHJEEM WILLIAMS, Plaintiff, 23-CV-6933 (LTS) -against- ORDER OF DISMISSAL FOOD BANK COMPANY, ET AL., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated October 10, 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 declines, under

28 U.S.C. § 1367

(c)(3), to exercise supplemental jurisdiction of any state law claims that Plaintiff may be asserting. 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 Court directs the Clerk of Court to enter judgment. SO ORDERED. Dated: December 12, 2023 New York, New York

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

Reference

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