Leonard v. United States of America et al
Filing 14
ORDER: By order dated November 27, 2023, the Court dismissed this action as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). (ECF 5.) That order stated that any appeal from the order would not be taken in good faith, and therefore, the Court den ied Plaintiff permission to proceed in forma pauperis ("IFP") for the purpose of an appeal. (Id. at 6.) Plaintiff filed a notice of appeal to the United States Court of Appeals for the Second Circuit, and, on January 6, 2024, she filed an application to proceed IFP on appeal. As stated in the Court's November 27, 2023 order of dismissal, Plaintiff's request to proceed IFP on appeal is denied. (ECF 10.) The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. ( Filing Fee due by 6/5/2024.), Motions terminated: 10 MOTION for Leave to Appeal in forma pauperis. filed by Laverne M. Leonard. (Signed by Judge Laura Taylor Swain on 5/6/2024) (ks)
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