Gentile v. Annucci

Opinion

UNITED STATES DISTRICT COURT (Geir payed SOUTHERN DISTRICT OF NEW YORK Vesta JOSEPH J. GENTILE, oni espn Ee Plaintiff, v. ACTING COMMISSIONER ANTHONY J. ORDER ANNUCCI; SUPERINTENDENT EDWARD BURNETT; DEP. OF PROGRAMS JOHN 21 CV 3405 (VB) 2 / WOOD; ASST DEP. OF PROGRAMS LUIS To GONZALES; and L.M.S.W. FUEZ, : Copio(M ailga/t axed □ Defendants. . Chamb Sf Vincent L. Briccettt .

On February 7, 2022, the Court received the attached letter from plaintiff, who is incarcerated and proceeding pro se and in forma pauperis. Plaintiff states, “I move to withdraw the above mentioned action.” The Court construes plaintiff's letter as a notice of voluntary dismissal without prejudice pursuant to Rule 41(a)(1)(A)qi). The notice is so ordered and the case is DISMISSED. All deadlines, scheduled conferences, or other scheduled court appearances are cancelled. Any pending motions are moot. The Court certifies pursuant to 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Chambers will mail a copy of this Order to plaintiff at the address on the docket. The Clerk is instructed to close the case. Dated: February 7, 2022 White Plains, NY SO ORDERED:

Vincent L. Briccetti United States District Judge

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