Gaines v. AstraZeneca Pharmaceutical ( 2022 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ERNEST EDWARD GAINES, Plaintiff, 21-CV-5323 (LTS) -against- ORDER OF DISMISSAL ASTRAZENECA PHARMACEUTICAL, ET AL., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated October 12, 2021, the Court directed Plaintiff to file an amended complaint within thirty days. That order specified that failure to comply would result in dismissal of the complaint for lack of subject matter jurisdiction. Thereafter, the Court granted Plaintiff two extensions of time to amend the complaint. (ECF 18, 20.) Plaintiff has not filed an amended complaint. Accordingly, the complaint, filed in forma pauperis under 28 U.S.C. § 1915(a)(1), is dismissed for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. 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: February 1, 2022 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge