Romero v. DHL Express (U.S.A.), Inc.

Filing 58

MEMORANDUM OPINION AND ORDER re: 54 MOTION for Leave to Appeal in forma pauperis. filed by Mauricio Baez Romero. Appellant Mauricio Baez Romero has moved for leave to proceed in forma pauperis on appeal. Accordingly, the appellant's appl ication to proceed in forma pauperis is denied, without prejudice to his ability to seek the same relief from the Court of Appeals. See Coppedge, 369 U.S. at 445. The Clerk is directed to close Docket No. 54. (As further set forth in this Order.) (Signed by Judge John G. Koeltl on 5/6/2017) (cf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
────────────────────────────────────
MAURICIO BAEZ ROMERO,
15 Civ. 4844 (JGK)
Appellant,
MEMORANDUM OPINION
AND ORDER

- against DHL EXPRESS, INC.,
Appellee.
────────────────────────────────────
JOHN G. KOELTL, District Judge:

Appellant Mauricio Baez Romero has moved for leave to
proceed in forma pauperis on appeal.

“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: An 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) (citations and
internal 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 appellant has failed to

demonstrate that his claims have any merit.

Accordingly, the

appellant’s application to proceed in forma pauperis is denied,

without prejudice to his ability to seek the same relief from
the Court of Appeals.

See Coppedge, 369 U.S. at 445.

The Clerk

is directed to close Docket No. 54.
SO ORDERED.
Dated:

New York, New York
May 6, 2017

___________/s/_______________
John G. Koeltl
United States District Judge

2