Smith v. Combs ( 2020 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK AHLWANA MARIE SMITH, Plaintiff, 20-CV-10524 (CM) -against- ORDER OF DISMISSAL SEAN COMBS, ET AL., Defendants. COLLEEN McMAHON, Chief United States District Judge: On December 15, 2020, the Court received a letter from Plaintiff advising the Court that she wishes to withdraw her complaint and refile it at another time. (ECF No. 4.) Accordingly, the Court grants Plaintiffs request to withdraw this action pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. The complaint is voluntarily dismissed without prejudice pursuant to Fed. R. Civ. P. 41(a). The Clerk of Court is directed to transmit a copy of this order to Plaintiff and close this action. 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. Dated: December 17, 2020 , New York, New York bie. yk COLLEEN McMAHON Chief United States District Judge