Grajales v. Eli Lilly and Company

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOSE ANTONIO GRAJALES, Plaintiff, 23-CV-6972 (JPO) -V- ORDER ELI LILY AND COMPANY; MR. F. FOO, M.D. BEEPER # 1389; THE NEW YORK CITY CIVIL COURT JUDGE’S; AND UNITED STATE OF AMERICA CIVIL JUDGE’S, Defendants.

J. PAUL OETKEN, District Judge: Plaintiff has filed an application to proceed in forma pauperis. (ECF No. 7.) As previously ordered, the Court has certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order of dismissal issued on September 26, 2023 would not be taken in good faith and therefore has denied in forma pauperis status for the purpose of an appeal. (ECF No. 5.) 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). Accordingly, Plaintiff's application to proceed in forma pauperis is DENIED. The Clerk of the Court is directed to mail a copy of this order to Plaintiff and to transmit a copy to the Court of Appeals. SO ORDERED. Dated: November 30, 2023 New York, New York

| ] J. PAUL OETKEN United States District Judge