King v. Orange County Jail

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KEJOHNA KING, Plaintiff, -against- 24-CV-2916 (LTS) ORANGE COUNTY JAIL; ORANGE COUNTY JAIL, MEDICAL UNIT – ORDER OF DISMISSAL DENTAL; ORANGE COUNTY JAIL MENTAL HEALTH; ORANGE COUNTY JAIL, LEGAL MAILING ROOM, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated August 6, 2024, 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 on which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii). The Court declines to exercise supplemental jurisdiction of any state law claims Plaintiff may be asserting. See 28 U.S.C. § 1367(c)(3). 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 Court directs the Clerk of Court to enter judgment in this action. SO ORDERED. Dated: November 6, 2024 New York, New York

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