Auguste v. Mayor Eric Adams
Auguste v. Mayor Eric Adams
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CHERRYL AUGUSTE, Plaintiff, 25-CV-0410 (LTS) -against- ORDER OF DISMISSAL THE CITY OF NEW YORK MAYOR ERIC LEROY ADAMS, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: On May 13, 2025, the Court received a motion from Plaintiff seeking to withdraw her complaint. (ECF 7.) The Court grants Plaintiff’s request to withdraw this action. The complaint is voluntarily dismissed under Fed. R. Civ. P. 41(a).1 The Court directs the Clerk of Court to terminate the motion at ECF 7. 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 in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States,
369 U.S. 438, 444-45(1962). SO ORDERED. Dated: June 3, 2025 New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
1 A voluntary dismissal under Fed. R. Civ. P. 41(a) is without prejudice. “But if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.” Fed. R. Civ. P. 41(a)(1)(B).
Reference
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