Wheeler v. NYC DOC

Opinion

Saas Yo

UNITED STATES DISTRICT COURT | PLEO PROMICALLY FH □□□ | SOUTHERN DISTRICT OF NEW YORK 4 PAR sawn ise ree ptee □ Plaintiff, -against- 19 CIVIL 9689 (MKV) JUDGMENT CAPT. HARPER, 1159 Badge, C.O. Harper, 1195 Badge, and C.O. Gonzalez, 8465 Badge, Defendants. wenn nnn nee ee ee K It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated March 14, 2022, the Defendants’ Motion to Dismiss is GRANTED. Plaintiff's Second Amended Complaint is DISMISSED WITH PREJUDICE. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from the 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, 44445 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue); accordingly, the case is closed. Dated: New York, New York March 14, 2022

RUBY J. KRAJICK yee BY: 0 ! RMAGIO Deputy Clerk