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
MARLA BROWN,
Plaintiff,
-against- 25-CV-3425 (LTS)
RXR SOYO EXALTA LLC; JENNIFER ORDER OF DISMISSAL
ALEXANDER; ALISON LENIHAN, ESQ.;
STATE OF NEW YORK,
Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:
By order dated April 28, 2025, the Court directed Plaintiff, within thirty days, to submit a
completed request to proceed in forma pauperis (“IFP application”) or pay the $405.00 in fees
required to file a civil action in this court. That order specified that failure to comply would
result in dismissal of the complaint. Plaintiff has not filed an IFP application or paid the fees.
Accordingly, the complaint is dismissed without prejudice. See 28 U.S.C. §§ 1914, 1915.
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).
The Court directs the Clerk of Court to enter judgment in this case.
SO ORDERED.
Dated: June 12, 2025
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge