Mergenthaler v. Osekavage et al

Filing 26

MEMORANDUM & ORDER denying 19 Motion for Leave to Appeal in forma pauperis; Appellant's motion for leave to appeal in forma pauperis (Docket Entry 19) is DENIED. Pursuant to Federal Rule of Appellate Procedure 24, further requests to proceed in forma pauperis should be directed to the United States Court of Appeals for the Second Circuit. The Clerk of the Court is directed to mail a copy of this Order to the pro se Appellant. So Ordered by Judge Joanna Seybert on 3/6/2018. C/M; C/ECF (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------X
ROSEMARY IDA MERGENTHALER,
MEMORANDUM & ORDER
16-CV-2466 (JS)

Appellant,
-against–
DEAN OSEKAVAGE, R. KENNETH BARNARD,
and THE UNITED STATES TRUSTEE,
Appellees.
----------------------------------X
SEYBERT, District Judge:

On February 5, 2018, Appellant filed a motion to proceed
in forma pauperis on appeal.
It

is

well

established

(Appellant’s Mot., Docket Entry 19.)

that

“an

application

for

leave

to

appeal in forma pauperis will have sufficient substance to warrant
consideration only if, in addition to an adequate showing of
indigence

and

of

citizenship,

it

identifies

with

reasonable

particularity the claimed errors which will be the basis for the
appeal.”
1956).

United States v. Farley, 238 F.2d 575, 576 (2d Cir.
Appellant’s motion fails to articulate any grounds for

this appeal or any errors committed by the district court.

As a

result, “there is no basis for the Court to grant in forma pauperis
status for appeal purposes.” In re Nassau Cty. Strip Search Cases,
No. 99-CV-2844, 2010 WL 4021813, at *1 (E.D.N.Y. Sept. 29, 2010);
see also Garcia v. Paylock, No. 13-CV-2868, 2014 WL 1365478, at *1
(E.D.N.Y. Apr. 7, 2014).
record.

Nonetheless, the Court has reviewed the

Based on that review, and the Appellant’s history of

baseless filings, the Court certifies that this appeal is not taken
in good faith.

See 28 U.S.C. § 1915(a)(3) (“An appeal may not be

taken in forma pauperis if the trial court certifies in writing
that it is not taken in good faith.”).

Accordingly, Appellant’s

motion for leave to appeal in forma pauperis (Docket Entry 19) is
DENIED.
Pursuant to Federal Rule of Appellate Procedure 24,
further requests to proceed in forma pauperis should be directed
to the United States Court of Appeals for the Second Circuit.

The

Clerk of the Court is directed to mail a copy of this Order to the
pro se Appellant.
SO ORDERED.

/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
Dated:

cc:

March
6 , 2018
Central Islip, New York

Rosemary Ida Mergenthaler, pro se
3 Eastville Avenue
Sag Harbor, NY 11963

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