Opinion

Brown v. Annucci

Court
District Court, S.D. New York
Filed
Feb 14, 2020
Cited by
0 cases
Authority
More cited than 27.1%

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

BYRON K. BROWN, ee

Plaintiff, : A a □

ANTHONY ANNUCCI, Commissioner; £0

MICHAEL CAPRA, Superintendent;

F, CARABALLO, Correctional Sergeant; :

J. AYALA, Correctional Officer; S. AMARO, : ORDER

Correctional Officer; V. YOUNG, Registered : =—=_—“——=

Nurse; K. GREEN, Correctional Officer; T. :

BOWEN, Correctional Officer; M. BARNES, 19 CV 9048 (VB)

Correctional Captain; “RODRIGUEZ” JOHN :

DOE, Correctional Officer; JOHN DOE, :

Correctional Officer; M. ROYCE, Deputy :

Superintendent of Security; D. VENNETTOZI, :

Director of Special Housing; L. MALIN, Deputy :

Superintendent of Programs; and J. :

DECKELBAUM, Correctional Sergeant, :

_ Defendants. :

Beier KY

On January 22, 2020, the Court issued a Third Amended Order of Service, in which the

Court ordered defense counsel to (i) ascertain and identify the badge number of the John Doe

defendant referenced in the amended complaint, and (ii) provide this information by February

12, 2020. (Doc. #30 at 3). By Order dated February 6, 2020, the Court reminded defense

counsel of this obligation. (Doc. #35).

Defense counsel has not provided such information to the Court. The Court reminds

counsel that its orders are not mere suggestions.

Accordingly, the Court sua sponte extends to February 20, 2020, defense counsel’s time

to comply with the Third Amended Order of Service and February 6 Order.

The Court certifies under 28 U.S.C. § 1915(a)(@) 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 is directed to mail a copy of this Order to plaintiff at the address on the docket.

Dated: February 14, 2020

White Plains, New York

SO ORDERED:

Vincent L. Briccetti

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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