Dawkins v. Ashley Furniture ( 2022 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MR. HONORABLE JERMAINE ANDRE DAWKINS, Plaintiff, 22-CV-9906 (LTS) -against- ORDER OF DISMISSAL ASHLEY FURNITURE, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated February 7, 2022, the Court directed Plaintiff to file an amended complaint within sixty days. That order specified that failure to comply would result in dismissal of the complaint. Plaintiff has not filed an amended complaint. Accordingly, the complaint is dismissed under Rule 8 of the Federal Rules of Civil Procedure. 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: April 19, 2022 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge