Opinion

El Dey v. Board of Correction

Court
District Court, S.D. New York
Filed
Oct 3, 2022
Cited by
0 cases
Authority
More cited than 27.5%

holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue

How later courts described this case

  • holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

ABDULLAH SPENCER NIMHAM EL DEY,

Plaintiff,

1:22-CV-2600 (LTS)

-against-

ORDER OF DISMISSAL

CORRECTION COMMISSIONER, et al.,

Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge:

By order dated June 22, 2022, the Court granted Plaintiff, who appears pro se, leave to

file an amended complaint within 60 days. In that order, the Court dismissed all of Plaintiff’s

claims, with the exception of those brought under the Resource Conservation and Recovery Act

(RCRA) or 42 U.S.C. § 1983 against the New York City Correction Commissioner, the New

York City Health & Hospitals Corporation, and the City of New York, and granted Plaintiff leave

to amend as to those claims the Court had not dismissed. (ECF 6.) The Court also indicated that

it would not rule on Plaintiff’s request for immediate injunctive relief until after Plaintiff had

filed an amended complaint in compliance with that order. (Id.) The Court further warned

Plaintiff that if he failed to file an amended complaint within the time allowed and could not

show good cause to excuse such failure, the Court would dismiss the remainder of Plaintiff’s

claims for failure to state a claim on which relief may be granted and deny Plaintiff’s request for

immediate injunctive relief as moot. (Id.)

Plaintiff has not filed an amended complaint, and has not shown any cause to excuse such

failure. Accordingly, the Court dismisses Plaintiff’s remaining claims against the New York City

Correction Commissioner, the New York City Health & Hospitals Corporation (now known as

NYC Health + Hospitals), and the City of New York for failure to state a claim on which relief

may be granted, see 28 U.S.C. § 1915(e)(2)(B)(ii), and denies Plaintiff’s request for immediate

injunctive relief as moot.

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 Clerk of Court shall issue judgment dismissing this action for the reasons articulated

in both the Court’s June 22, 2022, order and in this order.

SO ORDERED.

Dated: October 3, 2022

New York, New York

/s/ Laura Taylor Swain

LAURA TAYLOR SWAIN

Chief United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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