UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK BISMARK LITHGOW, on behalf of himself and all others similarly situated, Plaintiff, 25-CV-4249 (LTS) -against- ORDER NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff Bismark Lithgow, proceeding pro se, filed this application seeking relief for an alleged violation of the consent decree entered in Clarkson v. Goord, No. 91-CV-1792 (CM) (S.D.N.Y. June 6, 1996), which relates to the treatment of deaf incarcerated individuals who are in the custody of the New York State Department of Corrections and Community Supervision (“DOCCS”). Plaintiff’s application, titled as a “Verified Formal Complaint ‘Consent Decree Violation,’” “requests that the o[m]bu[d]sman in the Clarkson Consent Decree, act on their behalf in this formal complaint, before filing individual and class action complaints and consent decree violations[.]” (ECF 1, at 1.) Because Plaintiff asserts that his submission concerns alleged violations of the consent decree entered in Clarkson, the Court concludes that Plaintiff’s submission should be filed in the Clarkson, No. 91-CV-1792. CONCLUSION The Clerk of Court is directed to file the complaint (ECF No. 1) from the civil action under docket number 25-CV-4249 (LTS) as a “Verified Formal Complaint” in Clarkson, No. 91- CV-1792 (CM). The Clerk of Court is further directed to close this action, No. 25-CV-4249 (LTS). 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. Cf. Coppedge v. United States,

(1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: September 16, 2025 New York, New York

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