Mergenthaler v. Osekavage et al
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
ROSEMARY IDA MERGENTHALER,
MEMORANDUM & ORDER
DEAN OSEKAVAGE, R. KENNETH BARNARD,
and THE UNITED STATES TRUSTEE,
SEYBERT, District Judge:
On February 5, 2018, Appellant filed a motion to proceed
in forma pauperis on appeal.
(Appellant’s Mot., Docket Entry 19.)
appeal in forma pauperis will have sufficient substance to warrant
consideration only if, in addition to an adequate showing of
particularity the claimed errors which will be the basis for the
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.
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).
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.”).
motion for leave to appeal in forma pauperis (Docket Entry 19) is
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.
Clerk of the Court is directed to mail a copy of this Order to the
pro se Appellant.
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
6 , 2018
Central Islip, New York
Rosemary Ida Mergenthaler, pro se
3 Eastville Avenue
Sag Harbor, NY 11963
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?