Cole v. Empire City Casino/MGM

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SONIA COLE, Plaintiff, -against- 19-CV-5540 (CM) CASINO SECURITY SERVANTS/STAFFS, ORDER OF DISMISSAL ETAL., Defendants. COLLEEN McMAHON, Chief United States District Judge: By order dated October 11, 2019, the Court directed Plaintiff to file a second amended complaint within thirty days. That order specified that failure to comply would result in dismissal of the amended complaint. Plaintiff has not filed a second amended complaint. Accordingly, the amended complaint, filed in forma pauperis pursuant to 28 U.S.C. § 1915(a)(1), is dismissed under 28 U.S.C. § 1915(e)(2)(B) (ii). The Court declines under 28 U.S.C. § 1367(c) to exercise supplemental jurisdiction over any state law claims that Plaintiff may be asserting. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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). SO ORDERED. Dated: November 13, 2019 , New York, New York hie. Iu Chief United States District Judge