Wilburn v. Galloway

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ANDRE WILBURN, Plaintiff, 23-CV-10513 (LTS) -against- ORDER VALERIE GALLOWAY, ET AL., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff brought this action pro se. On January 8, 2024, the Court dismissed the action and the Clerk of Court entered judgment. (ECF 6, 7.) Also on January 8, 2024, the Court received from Plaintiff a motion requesting that the Court direct the United States Marshals Service to effect service on Defendants.1 (ECF 8.) Because the Court has dismissed this action, the Court denies Plaintiff’s motion (ECF 8) as moot. This action remains closed. 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). SO ORDERED. Dated: January 10, 2024 New York, New York

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

1 Plaintiff’s motion was entered on the docket on January 9, 2024.