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