Terri Simmons v. Nicole Murphy
- Vincent Briccetti
- 7:19-cv-10388
- U.S. District Court · Southern District of New York
- 2
In Terri Simmons v. Nicole Murphy, Judge Briccetti adjourned the conference and denied in forma pauperis status for any appeal.
Terri Simmons, the plaintiff proceeding without a lawyer, was affected by the conference postponement and the denial of permission to appeal without paying fees. Any volunteer counsel appearing for her would be required to attend the rescheduled conference in person.
What happened
Terri Simmons v. Nicole Murphy involved Simmons, who was proceeding without a lawyer and without paying filing fees. The court had appointed free volunteer counsel and scheduled a case-management conference for October 1, 2024.
Because no volunteer counsel had appeared, the court moved the conference to November 6, 2024, at 12:30 p.m. If counsel appeared by then, all lawyers would have to attend in person at the White Plains courthouse.
Judge Vincent L. Briccetti also certified that any appeal from this order would not be taken in good faith and denied Simmons permission to proceed without paying appeal fees. The court directed its chambers to mail the order to Simmons.
The detailed version
- Terri Simmons v. Nicole Murphy · No. 7:19-cv-10388
- Vincent Briccetti
- Sept. 26, 2024
Background
Simmons was proceeding without a lawyer and without paying filing fees. In an earlier order, the court granted her request for the appointment of free volunteer counsel and scheduled a case-management conference for October 1, 2024. The docket did not show that volunteer counsel had appeared.
Order
The court adjourned the October 1 conference to November 6, 2024, at 12:30 p.m. If volunteer counsel had filed an appearance by that date, all counsel were ordered to attend the conference in person at the White Plains courthouse, Courtroom 620.
Appeal and Mailing
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. It therefore denied Simmons permission to proceed without paying fees for an appeal. The court also directed chambers to mail a copy of the order to Simmons at the address on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.