Kelsey v. Rosa

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MICHAEL N. KELSEY, Plaintiff, ORDER -against- 24-CV-05179 (PMH) MARIA ROSA, et al., Defendants.

PHILIP M. HALPERN, United States District Judge: On February 19, 2025, the Court issued an Order denying Plaintiffs application for a temporary restraining order. (Doc. 54). On May 6, 2025, Plaintiff filed a notice of appeal from the Court’s February 19, 2025 Order (Doc. 68), and also moved for leave to proceed in forma pauperis (“IFP”) on appeal (Doc. 67). The Court certifies under 28 U.S.C. § 1915(a)(3) that Plaintiffs appeal from its February 19, 2025 Order (Doc. 54) is not 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). The Clerk of the Court is respectfully directed to enter this Order, mail a copy of this Order to Plaintiff, and transmit a copy of this Order to the United States Court of Appeals for the Second Circuit. (See Doc. 71).

SO QRDERED: Dated: White Plains, New York May 9, 2025 PHILIPM.HALPERN =——i(i‘“‘C;C~™S United States District Judge