Opinion
18 Civil 3590 (MKV)
03-14-2022
DERRICK PERKINS, Plaintiff, v. ADA PRESLEY, WARDEN NYCDOCS, CAPTAIN TUNSIL, FOOD SERVICE SUP, NYCDOCS, CAPTAIN LUE, NYCDOCS, CAPTAIN KELLER, NYCDOCS, CORRECTION OFFICER LANI, NYCDOCS, DAVID VILABREA, MEDICAL DOCTOR, NYCDOCS, CORRECTON OFFICER TORRES, NYC DOCS, CAPTAIN VAZQUEZ, NYCDOCS, Defendants.
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated March 14, 2022, the Court, having liberally construed Plaintiffs Complaint, can find no set of facts establishing that Plaintiffs constitutional rights were deprived by the named Defendants. As such, Defendants' Motion for Summary Judgment is GRANTED and this case is dismissed. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from the 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, 44445 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue); accordingly, the case is closed.