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
ALEXANDER; ALISON LENIHAN, ESQ.;
STATE OF NEW YORK,
Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:
Plaintiff brought this action pro se. By order dated June 12, 2025, the Court dismissed the
action. (ECF 5.) Judgment was entered on June 16, 2025. (ECF 6.) On the same day, June 16,
2025, Plaintiff filed a notice of appeal to United States Court of Appeals for the Second Circuit.
(ECF 7.) On June 27, 2025, she filed an application to proceed in forma pauperis (“IFP”),
presumably for the purposes of her appeal. (ECF 8.)
As stated in the Court’s June 12, 2025 order of dismissal (see ECF 5, at 1), Plaintiff’s
request to proceed IFP on appeal (ECF 8) is 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 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: July 10, 2025
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge