Bowens v. Russell

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RUSSELL BOWENS A/K/A NURIDEEN ISLAM, Plaintiff, -against- 21-CV-8136 (LTS) KEITH RUSSELL, FORMER EMPLOYEE ORDER OF DISMISSAL AT NEW YORK THEOLOGICAL SEMINARY; NEW YORK THEOLOGICAL SEMINARY, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated October 25, 2021, the Court directed Plaintiff to file an amended complaint within sixty days.1 That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an amended complaint. Accordingly, the complaint, filed in forma pauperis (IFP) under 28 U.S.C. § 1915(a)(1), is dismissed under 28 U.S.C. § 1915(e)(2)(B)(ii). 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 IFP 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).

1 On November 9, 2021, the order was returned to the court because Plaintiff’s apartment number was missing from the address on the envelope. On November 10, 2021, the order was re-mailed to the full address, including the apartment number, on file for Plaintiff. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. Dated: February 10, 2022 New York, New York

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