Granados v. New York State Dept. of Corr. Counsel Office

District Court, S.D. New York

Granados v. New York State Dept. of Corr. Counsel Office

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DELIA GRANADOS, Plaintiff, 23-CV-6165 (LTS) -against- ORDER NEW YORK STATE DEPT. OF CORR. COUNSEL OFFICE, ET AL., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff filed this action pro se and in forma pauperis (“IFP”). By order dated January 8, 2024, the Court dismissed the complaint under

28 U.S.C. § 1915

(e)(2)(B)(ii), (iii). (ECF 7.) On January 24, 2024, Plaintiff filed a notice of appeal and a motion for an extension of time to file a notice of appeal. On July 10, 2024, the Court of Appeals dismissed the appeal because it lacked “an arguable basis either in law or in fact.” No. 24-236 (2d Cir. July 10, 2024). Because Plaintiff’s appeal has already been adjudicated, the Court denies as unnecessary the motion for an extension of time to file a notice of appeal. CONCLUSION The motion for an extension of time to file a notice of appeal is denied as unnecessary. The Clerk of Court is directed to terminate it. (ECF 10.) 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). SO ORDERED.

Dated: September 16, 2024 New York, New York

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

Reference

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