LIVINGSTON v. GALLINA et al
Filing
53
WHEREAS OPINION. Signed by Judge Susan D. Wigenton on 1/29/2025. (dam)
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
BRADLEY LIVINGSTON,
Plaintiff,
Civil Action No. 24-08862 (SDW) (CLW)
WHEREAS OPINION
v.
JUDGE ANTHONY GALLINA,
PROSECUTOR KELLIE M. REYES, and
ELMWOOD PARK BOROUGH,
January 29, 2025
Defendants.
WIGENTON, District Judge.
THIS MATTER having come before this Court upon pro se Plaintiff Bradley Livingston’s
(“Plaintiff”) application to proceed in forma pauperis (“IFP”) for his appeal, (D.E. 39), of this
Court’s denial of his Motion for Summary Judgment (“MSJ”), (D.E. 27), to the Third Circuit Court
of Appeals pursuant to 28 U.S.C. § 1915(a)(1); and
WHEREAS on November 12, 2024, this Court denied Plaintiff’s MSJ and gave him an
additional thirty days to amend his Complaint. (D.E. 26 at 3.) That same day Plaintiff filed an
Amended Complaint. (D.E. 28); and
WHEREAS “[t]he jurisdiction of the Court of Appeals under 28 U.S.C. § 1291 is limited
to ‘appeals from . . . final decisions of the district courts.’ Interlocutory orders—those that do not
dispose of the whole case, like denials of summary judgment—are typically not immediately
appealable under § 1291.” Dupree v. Younger, 598 U.S. 729, 733–34 (2023) (second alteration in
original) (quoting 28 U.S.C. § 1291); and
WHEREAS given Plaintiff’s filing of an Amended Complaint consistent with this Court’s
directive in its November 12, 2024 Opinion, this Court finds no basis for Plaintiff’s appeal.
Further, Plaintiff’s reliance on this Court’s denial of his MSJ is not a cognizable basis for appeal.
See id.; and
WHEREAS “[u]pon filing a notice of appeal, the appellant must pay the district clerk all
required fees.” Fed. R. App. P. 3(e). A party who seeks to appeal a district court action in forma
pauperis must file a motion in the district court and attach an affidavit that (A) demonstrates the
party’s inability to pay or to give security for fees and costs, with the detail prescribed by Form 4
of the Appendix of Forms; (B) claims an entitlement to redress; and (C) states the issue the party
intends to present on appeal. Fed. R. App. P. 24(a)(1); and
WHEREAS Plaintiff has also failed to comply with Federal Rule of Appellate Procedure
(“Rule”) 24(a)(1), as he has filed the incorrect form and failed to claim an entitlement to redress
and disclose what issues he intends to present on appeal. See Karupaiyan v. Singh, No. 21-15996,
2022 WL 6673683, at *1–2 (Jan. 13, 2022) (denying a plaintiff IFP status where his motion failed
to comply with Rule 24(a)(1)’s requirements).
Even considering Plaintiff’s representations
regarding his ability to pay—or rather, lack thereof—this Court finds no basis to grant Plaintiff
leave to appeal as he has not provided sufficient information to justify granting him IFP status to
appeal. 1 Plaintiff’s application merely indicates he is “unemployed,” giving no indication as to
when he became unemployed or his employment history; therefore
This Court notes Plaintiff paid the filing fee associated with bringing his initial Complaint. (See D.E. 1
(indicating Plaintiff paid the $450 filing fee).)
1
2
Plaintiff’s application to proceed in forma pauperis is DENIED. An appropriate order
follows.
/s/ Susan D. Wigenton
SUSAN D. WIGENTON, U.S.D.J.
Orig: Clerk
cc:
Parties
Cathy L. Waldor, U.S.M.J.
3
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