Coleson v. Qualitest Pharmaceutical Manufacture et al

Filing 52

MEMORANDUM OPINION AND ORDER. The plaintiff's application to proceed in forma pauperis is denied, without prejudice to his ability to seek the same relief form the Court of Appeals. See Coppedge, 369 U.S. at 445. SO ORDERED. (Signed by Judge John G. Koeltl on 5/30/18) (yv)

USDC SONY
DOCUMENT
ELECTRONICALLY FILED

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

SAMUEL COLESON, JR.,

DOC#
DATE FILED:

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17-cv-5381 {JGK)
PLAINTIFF,

MEMORANDUM OPINION AND
ORDER

- AGAINST QUALITEST PHARMACEUTICAL MANUFACTURE
ET AL.,
DEFENDANTS.

JOHN G. KOELTL, District Judge:
The plaintiff filed a Notice of Appeal on May 25, 2018.
Dkt. No. 51.

In the Notice of Appeal, the plaintiff requests

that the Court alter or amend the Court's ruling of May 7, 2018,
which dismissed the plaintiff's case, pursuant to Federal Rules
of Civil Procedure 59 and 60. See 0kt. No. 48. That request is

denied because the plaintiff has not shown any basis for the
request.

The plaintiff has also requested 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). 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 have any merit. Accordingly, the
plaintiff's application to proceed in forma pauperis is denied,
without prejudice to his ability to seek the same relief form
the Court of Appeals. See Coppedge, 369 U.S. at 445.

SO ORDERED.
Dated:

New York, New York
May 30, 2018

~Ci~
John G. Koeltl
United States District Judge

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