Clifton v. The State of New York

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK BRANDON DE’AUNDRE CLIFTON, Plaintiff, 23-CV-10257 (LTS) -against- ORDER STATE OF NEW YORK, et al., Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff proceeds in this action pro se and in forma pauperis (“IFP”). By order dated January 29, 2024, the Court directed Plaintiff to file an amended complaint, and warned that failure to comply could result in dismissal of the action. Plaintiff has not filed an amended complaint, however, on March 12, 2024, he filed a change of address. The Court grants Plaintiff an additional 30 days from the date of this order to file an amended complaint. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the Court will dismiss the complaint for the reasons set forth in the January 29, 2024 order.

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).

SO ORDERED.

Dated: April 3, 2024 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge