Jackson v. Middletown N.Y. Police Dept.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NAAJIB JACKSON, Plaintiff, 23-CV-1595 (LTS) -against- ORDER OF DISMISSAL MIDDLETOWN NY POLICE DEPT., ET AL., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated May 4, 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. On July 19, 2023, the Court granted Plaintiff a 60-day extension of time to comply with the order to amend. 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: October 11, 2023 New York, New York

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