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