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
JOSE SOLIS,
Petitioner,
-against- 24-CV-2700 (LTS)
ATTORNEY VICTOR MANUEL BROWN ORDER OF DISMISSAL
NEW YORK COUNTY DISTRICT
ATTORNEY,
Respondent.
LAURA TAYLOR SWAIN, Chief United States District Judge:
By order dated June 21, 2024, the Court directed Plaintiff to file an amended petition
within sixty days. That order specified that failure to comply would result in dismissal of the
petition. Plaintiff has not filed an amended petition. Accordingly, the petition, filed in forma
pauperis (IFP) under 28 U.S.C. § 1915(a)(1), is dismissed under 28 U.S.C. § 1915(e)(2)(B)(ii).
Because Petitioner has not at this time made a substantial showing of a denial of a
constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253.
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: October 4, 2024
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge