UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK GARY WAYNE HOWELL, Plaintiff, 23-CV-10361 (LTS) -against- ORDER OF DISMISSAL MILLER PROCTER NICKOLAS, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated June 10, 2024, 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 for failure to state a claim upon which relief may be granted. Plaintiff has not filed an amended complaint. Accordingly, the complaint, filed in forma pauperis (IFP) under

(a)(1), is dismissed under

(e)(2)(B)(ii). The Court certifies under

(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,

(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 in this case. SO ORDERED. Dated: October 18, 2024 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge