Opinion

Brown v. Trump

Court
District Court, S.D. New York
Filed
Nov 8, 2024
Cited by
0 cases
Authority
More cited than 33.5%

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,

24-CV-7909 (LTS)

-against-

ORDER

DONALD TRUMP, 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. (ECF 3, 5.) 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 is denied. The Court will issue an explanatory order at a later date.

CONCLUSION

Plaintiff’s request for an order to show cause is denied. The Clerk of Court is directed

terminate the motion. (ECF 3.)

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: November 8, 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.

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