Securities and Exchange Commission v. Gerasimowicz et al, No. 1:2014mc00030 - Document 23 (S.D.N.Y. 2014)
Court Description: MEMORANDUM OPINION AND ORDER #104454 re: 21 MOTION for Leave to Appeal in forma pauperis filed by Walter V. Gerasimowicz. Accordingly, the respondent's application to proceed in forma pauperis is denied, without prejudice to his ability to seek the same relief from the Court of Appeals. See Coppedge, 369 U.S. at 445. The Clerk is directed to close Docket No. 21. SO ORDERED. (Signed by Judge John G. Koeltl on 6/25/2014) (ama) Modified on 6/26/2014 (ca).
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SECURITIES AND EXCHANGE COMMISSION, 14 Misc. 30 Petitioner, MEMORANDUM OPINION AND ORDER - against WALTER V. GERASIMOWICZ, ET AL., Respondents. JOHN G. KOELTL, District Judge: Respondent Gerasimowicz has moved for leave to proceed in forma pauperis on appeal. The decision of whether to grant a request to proceed in forma pauperis is left to the District Court s discretion under 28 U.S.C. ยง 1915. The Court s discretion is limited in that: An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith. Burda Media Inc. v. Blumenberg, 731 F. Supp. 2d 321, 322-23 (S.D.N.Y. 2010) (citations and internal quotation marks omitted). The good faith standard is an objective one, and it is not met when a party seeks review of a frivolous claim. See Coppedge v. United States, 369 U.S. 438, 445 (1962); Linden v. Harper & Row Publishers, 490 F. Supp. 297, 300 (S.D.N.Y. 1980) (applying the objective good faith standard in the civil context). Here, the respondent has failed to demonstrate that his appeal has any merit. Accordingly, the respondent s application to proceed in forma pauperis is denied, without prejudice to his ability to seek the same relief from the Court of Appeals. See Coppedge, 369 U.S. at 445. The Clerk is directed to close Docket No. 21. SO ORDERED. Dated: New York, New York June 25, 2014 ___________/s/______________ John G. Koeltl United States District Judge 2
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