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
ROSEMARIE MacMILLAN BROWN,
Plaintiff,
1:20-CV-6886 (CM)
-against-
ORDER OF DISMISSAL
EAST 92 STREET ASSOCIATES,
Defendant.
COLLEEN McMAHON, Chief United States District Judge:
By order dated August 27, 2020, the Court directed Plaintiff, within thirty days, to submit
an amended request to proceed in forma pauperis (“IFP application”) or pay the $400.00 in fees
required to file a civil action in this Court. That order specified that failure to comply would
result in dismissal of this action. Plaintiff has not filed an amended IFP application or paid the
fees. Accordingly, the Court dismisses this action without prejudice. See 28 U.S.C. §§ 1914,
1915.
The Clerk of Court is directed to mail a copy of this order to Plaintiff 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 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).
SO ORDERED.
Dated: October 28, 2020 ,
New York, New York hie ly Wik
COLLEEN McMAHON
Chief United States District Judge