Werner v. New York County, N.Y.C.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK BRADLEY ALLISON WERNER, JR., Plaintiff, 24-CV-6284 (LTS) -against- ORDER OF DISMISSAL NEW YORK COUNTY, NEW YORK CITY, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: On October 9, 2024, the Court received a letter from Plaintiff, advising that he wishes to withdraw this complaint, without prejudice to the matter pending under docket number 24-CV- 4186 (LTS). (ECF 1.) The Court grants Plaintiff’s request to withdraw this action, and the complaint is dismissed without prejudice under Rule 41(a) of the Federal Rules of Civil Procedure. The Clerk of Court is directed not to charge Plaintiff the $350.00 filing fee for this action, and the Warden or Superintendent having custody of Plaintiff is directed to suspend any previously authorized monetary deduction from Plaintiff’s prison trust account for this lawsuit. 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: October 10, 2024 New York, New York

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