Opinion
22-CV-5333 (LTS)
11-04-2022
BRIAN SHABAZZ PALMER, Plaintiff, v. CITY OF NEW YORK; NYC DEPARTMENT OF CORRECTIONS, Defendants.
ORDER OF DISMISSAL
LAURA TAYLOR SWAIN, Chief United States District Judge:
By order dated August 1, 2022, the Court directed Plaintiff to file an amended complaint within sixty days.That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an amended complaint. Accordingly, the complaint, filed in forma pauperis (IFP) under 28 U.S.C. § 1915(a)(1), is dismissed for failure to state a claim on which relief many be granted under 28 U.S.C. § 1915(e)(2)(B)(ii).
On July 5, 2022, the court received from Plaintiff a complaint dated May 24, 2022, the same date that Plaintiff signed the complaint in this action, naming the same defendants and asserting the same claims. See Palmer v. New York City, No. 22-CV-5817 (S.D.N.Y. Sept. 2, 2022). By order dated September 2, 2022, Chief Judge Laura Taylor Swain dismissed that case as duplicative if this case. Palmer, ECF 1:22-CV-5817, 4.
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 Court directs the Clerk of Court to enter judgment in this case.
SO ORDERED.