Vaughn v. Ryan Health Care Center

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NAT VAUGHN, Plaintiff, 22-CV-1637 (LTS) -against- ORDER OF DISMISSAL RYAN HEALTH CARE; MARTIN A. AVILES OD; JANE DOE, MEDICAL TECHNICIAN, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: On March 7, 2022, the Court dismissed the complaint for lack of subject matter jurisdiction, but granted Plaintiff leave to amend the complaint to allege facts showing that the Court has diversity jurisdiction of the action. On March 28, 2022, the Court received a letter from Plaintiff, advising that he wishes to withdraw his complaint. (ECF 7.) The Court grants Plaintiff’s request to withdraw this action. The complaint is therefore voluntarily dismissed under Fed. R. Civ. P. 41(a). CONCLUSION The action is voluntarily dismissed under Fed. R. Civ. P. 41(a). This order closes this case. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. Dated: March 28, 2022 New York, New York

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