Opinion
21-CV-4162 (LTS)
06-09-2021
BRIAN MILLER, Plaintiff, v. THE CITY OF NEW YORK, Defendant.
ORDER OF DISMISSAL
LAURA TAYLOR SWAIN, CHIEF UNITED STATES DISTRICT JUDGE
By order dated May 18, 2021, the Court directed Plaintiff to file an amended complaint within six ty days. On June 8, 2021, the order was returned to the Court with a notation on the envelope indicating that Plaintiff had been discharged from the facility. Plaintiff has failed to notify the Court of a change of mailing address or initiate any further contact with the Court. Accordingly, Plaintiff's complaint, filed in forma pauperis pursuant to 28 U.S.C. § 1915(a)(1), is dismissed without prejudice. See 28 U.S.C. §§ 1914, 1915.
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 IFP 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). The Clerk of Court is directed to mail a copy of this order to Plaintiff at his address of record, and note service on the docket.
SO ORDERED.