Jean-Laurent v. Cornelius et al, No. 1:2015cv02217 - Document 71 (S.D.N.Y. 2017)

Court Description: MEMORANDUM OPINION AND ORDER re: 70 MOTION for Leave to Appeal in forma pauperis. filed by Phillip Jean-Laurent. The plaintiff's application to appeal in forma pauperis is denied without prejudice to seek the same relief from the Court of Appeals. See Coppedge, 369 U.S. at 445. The Clerk is directed to close ECF No. 70. SO ORDERED. (Signed by Judge John G. Koeltl on 7/24/17) (yv)
Download PDF
Jean-Laurent v. Cornelius et al Doc. 71 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 15-cv-2217 (JGK) PHILLIP JEAN-LAURENT, Plaintiff, MEMORANDUM OPINION AND ORDER - against LATECHAR CORNELIUS, et al., Defendants. JOHN G. KOELTL, District Judge: The pro se plaintiff Phillip Jean-Laurent has moved for leave to proceed in forma pauperis on appeal. See ECF No. 70. “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. § 1915. The Court’s discretion is limited in that[] [a]n 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) (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 plaintiff has failed to demonstrate that his claims on appeal have any merit. 1 Dockets.Justia.com Accordingly, the plaintiff’s application to appeal in forma pauperis is denied without prejudice to seek the same relief from the Court of Appeals. See Coppedge, 369 U.S. at 445. The Clerk is directed to close ECF No. 70. SO ORDERED. Dated: New York, New York July 24, 2017 ___/s/_______________________ John G. Koeltl United States District Judge 2