Robinson v. New York State Office of Children and Family Services
Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK VALDISSA ROBINSON, Plaintiff, -against- 23-CV-4477 (LTS) NEW YORK STATE OFFICE OF ORDER OF DISMISSAL CHILDREN AND FAMILY SERVICES, ET AL., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated July 10, 2023, 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 under 28 U.S.C. § 1915(a)(1), is dismissed for failure to state a claim on which relief can be granted and based on Eleventh Amendment immunity. 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: September 12, 2023 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge
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Robinson v. New York State Office of Children and Family Services (Robinson v. New York State Office of Children and Family Services) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.