O'Neil v. Provenzano

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK PATRICIA O’ NEIL, Plaintiff, v. ORDER DANIEL PROVENZANO, 19 Civ. 5283 (ER) Defendant.

RAMOS, D.J.

On June 5, 2019, Patricia O’Neil, pro se, brought this action against Daniel Provenzano for defamation and related claims. Doc. 2. On July 28, 2020, the Clerk issued a certificate of default judgment as to Defendant, who had never appeared in this case despite having been served. Docs. 18; 27. On October 9, 2020, the Court held an order to show cause hearing. Doc.

33. Defendant failed to appear and the Court issued a default judgment order against him. /d.

On October 23, 2020, Defendant filed a notice of appeal and moved to proceed in forma pauperis (“TFP”). Doc. 35.

The Court finds that any appeal from the default judgment order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. See 28 U.S.C. § 1915(a)(3); 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). The Clerk of Court is respectfully directed to terminate the motion, Doc. 35.

It is SO ORDERED. mm eg QL Edgardo Ramos, U.S.DJ..