Santiago v. Annucci ( 2020 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK HERACLIO SANTIAGO, Plaintiff, -against- ANTHONY J. ANNUCCI, D.O.C.C.S. 20-CV-6391 (CM) ACTING COMMISSIONER; ORDER OF DISMISSAL SUPERINTENDENT LEROY FIELDS, FISHKILL CORRECTIONAL FACILITY; JACKQUELINE HERNANDEZ, BROOKLYN PAROLE OFFICER, Defendants. COLLEEN McMAHON, Chief United States District Judge: On September 3, 2020, the Court received a letter from Plaintiff, see ECF No. 5, advising that he wishes to withdraw this action. The Court therefore grants Plaintiff’s request. This action is withdrawn pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. CONCLUSION The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. The action is voluntarily dismissed pursuant to Fed. R. Civ. P. 41(a). This order closes this case. 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). SO ORDERED. Dated: September 8, 2020 New York, New York hie l COLLEEN McMAHON Chief United States District Judge