Opinion
21 CV 3405 (VB)
02-07-2022
JOSEPH J. GENTILE, Plaintiff, v. ACTING COMMISSIONER ANTHONY J. ANNUCCI; SUPERINTENDENT EDWARD BURNETT; DEP. OF PROGRAMS JOHN WOOD; ASST DEP. OF PROGRAMS LUIS GONZALES; and L.M.S W. FUEZ, Defendants.
ORDER
VINCENT L. BRICCETTI, UNITED STATES DISTRICT JUDGE
On February 7, 2022, the Court received the attached letter from plaintiff, who is incarcerated and proceeding pro se and in forma pauperis. Plaintiff states, “I move to withdraw the above mentioned action.”
The Court construes plaintiffs letter as a notice of voluntary dismissal without prejudice pursuant to Rule 41 (a)(1)(A)(i).
The notice is so ordered and the case is DISMISSED. All deadlines, scheduled conferences, or other scheduled court appearances are cancelled. Any pending motions are moot.
The Court certifies pursuant to 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
Chambers will mail a copy of this Order to plaintiff at the address on the docket.
The Clerk is instructed to close the case.
SO ORDERED: