Jean-Laurent v. Cornelius et al

Filing 71

MEMORANDUM OPINION AND ORDER re: 70 MOTION for Leave to Appeal in forma pauperis. filed by Phillip Jean-Laurent. The plaintiff's application to appeal in forma pauperis is denied without prejudice to seek the same relief from the Court of Appeals. See Coppedge, 369 U.S. at 445. The Clerk is directed to close ECF No. 70. SO ORDERED. (Signed by Judge John G. Koeltl on 7/24/17) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
────────────────────────────────────
PHILLIP JEAN-LAURENT,

15-cv-2217 (JGK)

Plaintiff,

MEMORANDUM OPINION AND
ORDER

- against LATECHAR CORNELIUS, et al.,
Defendants.
────────────────────────────────────
JOHN G. KOELTL, District Judge:
The pro se plaintiff Phillip Jean-Laurent has moved for
leave to proceed in forma pauperis on appeal. See ECF No. 70.
“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[] [a]n
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) (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 plaintiff has failed to
demonstrate that his claims on appeal have any merit.

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Accordingly, the plaintiff’s application to appeal in forma
pauperis is denied without prejudice to seek the same relief
from the Court of Appeals. See Coppedge, 369 U.S. at 445.
The Clerk is directed to close ECF No. 70.
SO ORDERED.
Dated:
New York, New York
July 24, 2017

___/s/_______________________
John G. Koeltl
United States District Judge

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