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
NOEL BROWN,
Petitioner,
20-CV-5280 (CM)
-against-
ORDER OF DISMISSAL
STATE OF NEW YORK,
Respondent.
COLLEEN McMAHON, Chief United States District Judge:
By order dated July 13, 2020, the Court directed Petitioner within thirty days, to submit a
completed request to proceed in forma pauperis (“IFP application’) or pay the $5.00 in fees
required to file a civil action in this Court. That order specified that failure to comply would
result in dismissal of the complaint. Plaintiff has not filed an IFP application or paid the fee.
Accordingly, the petition is dismissed without prejudice. See 28 U.S.C. §§ 1914, 1915.
The Clerk of Court is directed to mail a copy of this order to Petitioner and note service
on the docket. 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 IFP 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).
SO ORDERED.
Dated: August 17, 2020 ,
New York, New York bie. l Wyk
COLLEEN McMAHON
Chief United States District Judge