UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK EMERSON TOHAFJIAN, Plaintiff, 25-CV-4284 (LTS) -against- ORDER OF DISMISSAL J. WERLAU; M. MILLER; D. MARTUSCELLO, III, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: On June 6, 2025, the Court received from Plaintiff a letter, dated May 22, 2025, in which he states that he wishes to withdraw this action. (ECF 6.) The Court grants Plaintiff’s request to withdraw this action, and dismisses the complaint without prejudice under Rule 41(a) of the Federal Rules of Civil Procedure. The Clerk of Court is directed not to charge Plaintiff the $350.00 filing fee for this action, and the Warden or Superintendent having custody of Plaintiff is directed not to deduct any funds from Plaintiff’s prison trust account for this lawsuit. The Court certifies under

(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,

(1962). SO ORDERED. Dated: June 10, 2025 New York, New York

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