Opinion
1:23-CV-6637 (LTS)
01-12-2024
TOMMY F. ADAMS, Plaintiff, v. CITY OF NEW YORK; OFFICE OF LABOR RELATIONS, Defendant.
ORDER OF DISMISSAL
LAURA TAYLOR SWAIN, CHIEF UNITED STATES DISTRICT JUDGE
By order dated October 10, 2023, the Court granted Plaintiff leave to file an amended complaint within 60 days. That order specified that failure to comply would result in dismissal of this action for the reasons set forth in that order, namely, for lack of subject matter jurisdiction and for failure to state a claim on which relief may be granted. (See ECF 4, at 3-7.) Plaintiff has not filed an amended complaint. Accordingly, the Court dismisses this action for lack of subject matter jurisdiction and for failure to state a claim on which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii); Fed.R.Civ.P. 12(h)(3).
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).
The Court directs the Clerk of Court to enter a judgment dismissing this action for the reasons set forth in this order.
SO ORDERED.