Bell v. Deutsche Bank National Trust

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK For Online Publication Only FILED ----------------------------------------------------------------X CLERK MAMIE H. BELL, NAYQUAN A. BELL, 12:53 pm, Oc t 19, 2021

Plaintiffs, U.S. DISTRICT COURT EASTERN DISTRICT OF NEW YORK -against- ORDER LONG ISLAND OFFICE 18-CV-01593 (JMA) (AYS) DEUTSCHE BANK, INDYMAC 2006-AR27, RAS BORISKIN, LLC,

Defendants. ----------------------------------------------------------------X AZRACK, United States District Judge: In an order dated September 30, 2021, the Court granted Plaintiffs fourteen (14) days, from the date of the order, to file an amended complaint in accordance with the Court’s Dismissal Order dated September 30, 2019. The September 30, 2021 order warned Plaintiffs that “a failure to timely file and serve an amended complaint in accordance with this Order will result in the DISMISSAL of this action WITH PREJUDICE.” To date, no amended complaint has been filed and served and the deadline for doing so has passed. Accordingly, the Court dismisses this action, with prejudice, for failure to prosecute and for failure to file an amended complaint by the deadline set by the Court. The Clerk of Court is directed to close this case. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that, should plaintiffs seek in forma pauperis status for the purpose of an appeal, any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. Dated: October 19, 2021 Central Islip, New York /s/ (JMA) _ JOAN M. AZRACK UNITED STATES DISTRICT JUDGE