Anderson v. Hochul

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KHALIQ ALIM ANDERSON, Plaintiff, 23-CV-9528 (LTS) -against- ORDER GOV. KATHY HOCHUL, et al., Defendants. Choose a judge’s name, United States District Judge: By order dated January 8, 2024, the Court dismissed this action and granted Plaintiff 30 days’ leave to replead. Since January 8, 2024, Plaintiff has filed three amended complaints. (See ECF 7-9.) The third amended complaint (ECF 9), filed February 15, 2024, and entered on the docket on February 20, 2024, is the operative pleading in this action. Should Plaintiff file a fourth amended complaint, without permission from the Court to file an amended pleading, the Court will direct the Clerk of Court to strike the submission from the record. 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. 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: February 20, 2024 New York, New York

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