Craft v. New York State Police

District Court, S.D. New York·Decided July 28, 2023·No. 1:22-cv-10267·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CHRISTOPHER D. CRAFT, SR., Plaintiff, -against- 22-CV-10267 (LTS) NEW YORK STATE TROOPER ORDER OF DISMISSAL SCHACTOR; NEW YORK STATE TROOPER MCGEE, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated May 2, 2023, the Court directed Plaintiff to file an amended complaint within sixty days. 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)(i)-(iii). 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). The Clerk of Court is directed to enter judgment. SO ORDERED. Dated: July 28, 2023 New York, New York

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

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Craft v. New York State Police, (S.D.N.Y. 2023).

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Related

Coppedge v. United States
369 U.S. 438 (Supreme Court, 1962)