Romero v. DHL Express (U.S.A.), Inc., No. 1:2015cv04844 - Document 58 (S.D.N.Y. 2017)

Court Description: MEMORANDUM OPINION AND ORDER re: 54 MOTION for Leave to Appeal in forma pauperis. filed by Mauricio Baez Romero. Appellant Mauricio Baez Romero has moved for leave to proceed in forma pauperis on appeal. Accordingly, the appellant's appl ication 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. 54. (As further set forth in this Order.) (Signed by Judge John G. Koeltl on 5/6/2017) (cf)
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Romero v. DHL Express (U.S.A.), Inc. Doc. 58 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MAURICIO BAEZ ROMERO, 15 Civ. 4844 (JGK) Appellant, MEMORANDUM OPINION AND ORDER - against DHL EXPRESS, INC., Appellee. JOHN G. KOELTL, District Judge: Appellant Mauricio Baez Romero 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. § 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 appellant has failed to demonstrate that his claims have any merit. Accordingly, the appellant’s application to proceed in forma pauperis is denied, Dockets.Justia.com 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. 54. SO ORDERED. Dated: New York, New York May 6, 2017 ___________/s/_______________ John G. Koeltl United States District Judge 2
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