# Brown v. State of New York

> District Court, S.D. New York · July 13, 2020

URL: https://www.frixlaw.com/law-library/cases/10324319

## Case

- **Court:** District Court, S.D. New York
- **Decided:** July 13, 2020
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10324319

## How later opinions describe it (automated extraction)

- holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue

## Opinion text

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
NOEL BROWN,
Petitioner,
20-CV-5280 (CM)
-against-
ORDER DIRECTING PAYMENT OF FEE
OR IFP APPLICATION
STATE OF NEW YORK,
Respondent.
COLLEEN McMAHON, Chief United States District Judge:
Petitioner, proceeding pro se, brings this petition for a writ of habeas corpus. To proceed
with a petition for a writ of habeas corpus in this Court, a petitioner must either pay the $5.00
filing fee or, to request authorization to proceed in forma pauperis (IFP), that is, without
prepayment of fees, submit a signed IFP application. See 28 U.S.C. §§ 1914, 1915.
Petitioner submitted the petition without the filing fee or an IFP application. Within thirty
days of the date of this order, Petitioner must either pay the $5.00 filing fee or complete and
submit the attached IFP application. If Petitioner submits the IFP application, it should be labeled
with docket number 20-CV-5280 (CM). If the Court grants the IFP application, Petitioner will be
permitted to proceed without prepayment of fees. See 28 U.S.C. § 1915(a)(1).
The Clerk of Court is directed to mail a copy of this order to Petitioner and note service
on the docket. No answer shall be required at this time. If Petitioner complies with this order, the
case shall be processed in accordance with the procedures of the Clerk’s Office. If Petitioner fails
to comply with this order within the time allowed, the action will be dismissed.
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 appellant
demonstrates good faith when seeking review of a nonfrivolous issue).
SO ORDERED.
Dated: July 13, 2020 ,
New York, New York bie. l Wyk
COLLEEN McMAHON
Chief United States District Judge

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10324319. Public record. Not legal advice.
