Opinion

Jones v. Brown

Court
District Court, S.D. New York
Filed
Mar 16, 2022
Cited by
0 cases
Authority
More cited than 27.4%

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

RUFUS JONES,

Plaintiff,

21-CV-11113 (LTS)

-against-

ORDER OF DISMISSAL

CRAIG STEPHEN BROWN; CARL E.

DUBOIS,

Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge:

By order dated January 11, 2022, the Court directed Plaintiff, within thirty days, to

submit a completed request to proceed in forma pauperis (“IFP application”) and prisoner

authorization or pay the $402.00 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 and prisoner authorization or paid the fees. Accordingly, the complaint is

dismissed without prejudice. See 28 U.S.C. §§ 1914, 1915.

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). The Clerk of Court is directed to mail

a copy of this order to Plaintiff and note service on the docket.

SO ORDERED.

Dated: March 16, 2022

New York, New York

/s/ Laura Taylor Swain

LAURA TAYLOR SWAIN

Chief 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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