Opinion

Solis v. Brown

Court
District Court, S.D. New York
Filed
Oct 7, 2024
Cited by
0 cases
Authority
More cited than 31.7%

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- 24cv2700 (LTS)

ATTORNEY VICTOR MANUEL BROWN CIVIL JUDGMENT

NEW YORK COUNTY DISTRICT

ATTORNEY,

Respondent.

For the reasons stated in the October 5, 2024, order, this action is dismissed. 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 the 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 7, 2024

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.