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
SHARON LESLIE BROWN,
Plaintiff,
1:24-CV-7018 (LTS)
-against-
ORDER
GOOGLE, et al.,
Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff Sharon Leslie Brown, of Jamaica, Queens County, New York, who proceeds pro
se, has filed an order to show cause for a preliminary injunction and a temporary restraining
order, requesting preliminary injunctive relief. (ECF 4.) To obtain such relief, Plaintiff must
show: (1) that she is likely to suffer irreparable harm and (2) either (a) a likelihood of success on
the merits of her case or (b) sufficiently serious questions going to the merits to make them a fair
ground for litigation and a balance of hardships tipping decidedly in her favor. See UBS Fin.
Servs., Inc. v. W.V. Univ. Hosps., Inc., 660 F.3d 643, 648 (2d Cir. 2011) (citation and internal
quotation marks omitted); Wright v. Giuliani, 230 F.3d 543, 547 (2d Cir. 2000). Preliminary
injunctive relief “is an extraordinary and drastic remedy, one that should not be granted unless
the movant, by a clear showing, carries the burden of persuasion.” Moore v. Consol. Edison Co.
of N.Y., Inc., 409 F.3d 506, 510 (2d Cir. 2005) (internal quotation marks and citation omitted).
Plaintiff’s submissions do not demonstrate: (1) a likelihood of success on the merits, or
(2) sufficiently serious questions going to the merits to make them a fair ground for litigation and
a balance of hardships tipping decidedly in her favor. Accordingly, Plaintiff’s request for
preliminary injunctive relief (ECF 4) is denied. The Court will issue an explanatory order at a
later date.
CONCLUSION
Plaintiff’s request for an order to show cause (ECF 4) is denied.
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: September 26, 2024
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge