Iwala v. New York City Police Department

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MARTINA INUMIDUN IWALA, Plaintiff, -against- NEW YORK CITY POLICE DEPARTMENT 032 23-CV-5078 (LTS) PRECINT; ALEX YAKATALLY; DANIEL GINES ORDER OF DISMISSAL SHIELD 19125; STEVEN MAZZAMUTO OR UNNAMED ACTOR SHIELD NUMBER 2775; JENNIFER GARCIA SHIELD 5765; BRANDON JAIRAM SHIELD 20545, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated April 15, 2024, the Court directed Plaintiff to file an amended complaint within sixty days. Plaintiff requested an extension of time to comply with the order, and on June 21, 2024, the Court granted Plaintiff an additional 45 days to file an amended complaint. Both orders specified that failure to file an amended complaint within the time allowed would result in dismissal of the action. (ECF 5, 7.) Plaintiff has not filed an amended complaint or otherwise communicated with the Court. 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). The Clerk of Court is directed to enter judgment in this case. SO ORDERED. Dated: September 13, 2024 New York, New York

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