Peachey v. Schiff
Peachey v. Schiff
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CHRISTOPHER J. PEACHEY, Plaintiff, 23-CV-06409 -against- SGT. ZAYAZ, CORPORAL NOBLE, and ORDER OF DISMISSAL GIANPAOLA SANTINI, Defendants. PHILIP M. HALPERN, United States District Judge: By order dated December 2, 2024, the Court directed Plaintiff to file a second amended complaint within thirty days. (Doc. 52). That order specified that failure to comply would result in dismissal of the amended complaint. Plaintiff has not filed a second amended complaint. Accordingly, the amended 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 Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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 Clerk of Court is further directed to close this case.
SO ORDERED. Dated: White Plains, New York January 21, 2025 ( 3 } PHILIP M. HALPERN United States District Judge
Reference
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