Gorneff v. Ilishayev

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SERGE L. GORNEFF, Plaintiff, 23-CV-10520 (LTS) -against- ORDER MR. RUSLAN ILISHAYEV, METROPOLITAN COMMERCIAL BANK, et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: On January 19, 2024, the Court dismissed this action, without prejudice, as duplicative of Plaintiff’s pending case under docket number ECF 1:23-CV-9141. On February 15, 2024, Plaintiff filed a notice of appeal, (ECF No. 8), and a motion for extension of time to file a notice of appeal, (ECF No. 7). For the reasons set forth below, Plaintiff’s motion for an extension of time to file a notice of appeal (ECF No. 7) is denied as unnecessary. DISCUSSION Under Fed. R. App. P. 4(a)(1)(A), a notice of appeal in a civil case must be filed within 30 days after entry of judgment. “[T]he taking of an appeal within the prescribed time is mandatory and jurisdictional.” In re WorldCom, Inc., 708 F.3d 327, 329 (2d Cir. 2013) (citation and internal quotation marks omitted). Because Plaintiff’s time to file a notice of appeal has not expired, a motion for extension of time to appeal is unnecessary. Accordingly, Plaintiff’s request for an extension of time to appeal is denied as unnecessary. CONCLUSION Plaintiff’s request for an extension of time to file a notice of appeal (ECF No. 7) is denied as unnecessary. 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 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: February 15, 2024 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge