Jaime v. New York State Department of Corrections and Community Supervision

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LUIS JAIME, Plaintiff, -against- 24-CV-4091 (LTS) NEW YORK STATE DEPARTMENT OF ORDER OF DISMISSAL CORRECTIONS AND COMMUNITY SUPERVISION, ET AL., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated November 14, 2024, the Court dismissed Plaintiff’s complaint but granted him leave to file an amended complaint within 30 days. That order specified that failure to comply would result in dismissal of the complaint. On January 13, 2025, the Court granted Plaintiff 30-day extension of time to file an amended complaint. Plaintiff has not filed an amended complaint, and the time to do so has expired. Accordingly, the complaint, filed in forma pauperis under 28 U.S.C. § 1915(a)(1), is dismissed under 28 U.S.C. § 1915(e)(2)(B)(ii)-(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 in forma pauperis 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). Judgment shall enter. SO ORDERED. Dated: March 4, 2025 New York, New York

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