Hanton v. Leung

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TERRENCE HANTON, Plaintiff, 23-CV-1421 (LTS) -against- ORDER OF DISMISSAL JAY LEUNG, ANTHONY COCUZZA, and NATALIE ESCHAVEZ, of CVS Pharmacy, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated June 12, 2023, the Court directed Plaintiff to file an amended complaint within 60 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 for failure to state a claim upon which relief may be granted pursuant to 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). The Clerk of Court is directed to enter judgment in this case. SO ORDERED. Dated: August 30, 2023 New York, New York

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