Schulte v. Attorney General of the United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOSHUA ADAM SCHULTE, Plaintiff, -against- 19-CV-3346 (PAC) ATTORNEY GENERAL OF THE UNITED ORDER DENYING IFP APPLICATION STATES, et al., Defendants, PAULA. CROTTY, United States District Judge: By order dated August 14, 2019, the Court directed the Clerk of Court to administratively close this action, with leave to reopen following resolution of the underlying criminal proceedings against Plaintiff. On September 6, 2019, Plaintiff filed a notice of appeal of the order of dismissal, and he seeks leave to proceed in forma pauperis (IFP) on appeal. (ECF Nos. 12-14.)

The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from the order of dismissal without prejudice (ECF No. 11) would not be taken in good faith, and therefore in forma pauperis 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.

Dated: frosty 13, loee New York, New York Mla f li Th, CEILI rte tee ee PAUL A. CROTTY i USEC SN y United States District Judge ODOUR