Sowell v. The New York City Department of Homeless Services

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Plaintiff, -against- 23 CIVIL 5346 (LTS) JUDGMENT THE NEW YORK CITY DEPARTMENT OF HOMELESS SERVICES, Defendant. wn KX It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated October 18, 2024, Plaintiff's claims against New York City Department of Homeless Services are dismissed under 28 U.S.C. § 1915(e)(2)(B)(11) for failure to state a claim. To the extent Plaintiff sought to bring claims of excessive force and retaliation against shelter staff and DHS police, these claims are dismissed without prejudice.

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).

Dated: New York, New York October 22, 2024 DANIEL ORTIZ Acting Clerk of Court BY: