Ann v. Wiviott ( 2022 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK VIVIAN HILL ANN, Plaintiff, -against- 1:21-CV-9210 (LTS) SUSAN WIVIOTT, Bridge Inc.; THE ORDER OF DISMISSAL BRIDGE INC.; QUEENS KENDRA SHERIFFS; NYC MENTAL HEALTH AND HYGIENE, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated November 19, 2021, the Court granted Plaintiff leave to file an amended complaint within 60 days of the date of that order. That order specified that failure to comply would result in dismissal of this action for failure to state a claim on which relief may be granted. Plaintiff has not filed an amended complaint. Accordingly, the Court dismisses this action for failure to state a claim on which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii). 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). The Court directs the Clerk of Court to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. Dated: February 22, 2022 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge