# Solis v. Brown

> District Court, S.D. New York · October 5, 2024

URL: https://www.frixlaw.com/law-library/cases/10663103

## Case

- **Court:** District Court, S.D. New York
- **Decided:** October 5, 2024
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10663103

## How later opinions describe it (automated extraction)

- holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10663103. Public record. Not legal advice.