Opinion
21-CV-4172 (LTS)
08-04-2021
DESHAUN POWELL, Plaintiff, v. THE STATE OF NEW YORK; THE DEPARTMENT OF CORRECTION, Defendants.
ORDER OF DISMISSAL
LAURA TAYLOR SWAIN, Chief United States District Judge:
By order dated May 21, 2021, the Court directed Plaintiff, who was detained in the Vernon C. Bain Center on Rikers Island, to file an amended complaint within sixty days. On June 1, 2021, the order was returned to the Court with a notation on the envelope indicating that the mail was undeliverable to Plaintiff at that facility. Plaintiff has not complied with the Court's order, has failed to notify the Court of a change of mailing address, and has not initiated any further contact with the Court, written or otherwise.
Accordingly, Plaintiff's complaint, filed in forma pauperis (IFP) pursuant to 28 U.S.C. § 1915(a)(1), is dismissed without prejudice. See 28 U.S.C. §§ 1914, 1915.
The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket.
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).
SO ORDERED.