Opinion

Brown v. World Health Organization

Court
District Court, S.D. New York
Filed
Dec 6, 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 BROWN,

Plaintiff,

24-CV-7216 (LTS)

-against-

ORDER

WORLD HEALTH ORGANIZATION, et al.,

Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge:

Plaintiff, proceeding pro se, has filed orders to show cause requesting preliminary

injunctive relief. 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 (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 requests for an

order to show cause (ECF No. 3, 5, 8) are denied. The Court will issue an explanatory order at a

later date.

CONCLUSION

Plaintiff’s requests for an order to show cause (ECF No. 3, 5, 8) are 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: December 6, 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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