Wenegieme et al v. Bayview Loan Servicing et al

Filing 27

MEMORANDUM OPINION re: 24 MOTION for Leave to Appeal in forma pauperis. filed by Celeste Wenegieme, Celestine Wenegieme, Jr. Plaintiff has failed to specify the issues she intends to raise on appeal, making a good faith determination impossi ble on the basis of the available papers. See Pl.'s Motion for Leave to Proceed In Forma Pauperis On Appeal, filed June 9, 2015, at p. 2 of 7 (Section labeled "My issues on appeal are: (required):" left blank). Consequently, her motion to proceed in forma pauperis is denied, with leave to replead with the issues on appeal section completed. It is so ordered. (Signed by Judge Robert W. Sweet on 7/18/2015) (ajs)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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CELESTE WENEGIEME,
Plaintiff,

14 Civ. 9137

-against-

MEMORANDUM OPINION

BAYVIEW LOAN SERVICING, ET AL.,

~snc SDNY

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DOCUMENT

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Defendants.

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DOC#:
11

Sweet, D.J.

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DATE flLED:

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Plaintiff Celeste Wenegieme ("Wenegieme" or
"PLaintiff") has applied for leave to appeal in forma pauperis
this Court's May 7, 2015 opinion dismiss of her complaint.

For

the following reasons, the application is denied.

Standard for in £orma pauperis Determination

"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.
that:

The Court's discretion is limited in

'An appeal may not be taken in forma pauperis if the trial

court certifies in writing that it is not taken in good faith.'"
Fridman v. City of New York, 195 F. Supp. 2d 534, 536 (S.D.N.Y.
2002)

(quoting 28 U.S.C. § 1915(a) (3))
1

(internal citations

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\

omitted); see also Fed. R. App. P. 24 (a) (3) (A)
may proceed on appeal in forma pauperis
district court

. unless the

. certifies that the appeal is not taken in
.").

good faith .

The standard for "good faith" in pursuing

an appeal is an objective one.
369 U.S. 438,

("A party

445

(1962)

See Coppedge v. United States,

("We consider a defendant's good faith

. demonstrated when he seeks appellate review of an issue
not frivolous."); see also Linden v. Harper & Row Publishers,
490 F. Supp. 297, 300

(S.D.N.Y. 1980)

(applying objective "good

faith" standard to civil case).

Plaintiff has failed to specify the issues she intends
to raise on appeal, making a good faith determination impossible
on the basis of the available papers.

See Pl.'s Motion for

Leave to Proceed In Forma Pauperis On Appeal, filed June 9,
2015, at p. 2 of 7 (Section labeled "My issues on appeal are:
(required):" left blank).

Consequently, her motion to proceed

in forma pauperis is denied, with leave to replead with the
issues on appeal section completed.

It is so ordered.

~

New York, NY
July
2015

/,j ,

ROBERT W. SWEET
U.S.D.J.

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