Phillips v. Russ

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CLIO PHILLIPS, Plaintiff, -against- 23-CV-8283 (LTS) LEONARD RUSS AND LINDA MYERS RUSS ORDER OF DISMISSAL D/B/A BAYBERRY CARE CENTER; UNITED FOOD AND COMMERCIAL WORKERS UNION, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated December 5, 2023, the Court directed Plaintiff to file an amended complaint within 60 days. On February 6, 2024, the Court granted Plaintiff’s request for an extension of time and directed her to file an amended complaint within 60 days of the date of that order. 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 and for lack of subject matter jurisdiction. See 28 U.S.C. § 1915(e)(2)(B)(ii); Fed. R. Civ. P. 12(h)(3). 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 Clerk of Court is directed to enter judgment in this action. SO ORDERED. Dated: April 29, 2024 New York, New York

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