Cavallo v. HPD Section 8
- Laura Swain
- 1:24-cv-04242
- U.S. District Court · Southern District of New York
- 1
In Cavallo v. HPD Section 8, Judge Swain dismissed the action and denied appeal fee-waiver status because the appeal was not in good faith.
Ronnie Cavallo, the plaintiff, and the defendants in the action were affected by the dismissal; Ronnie Cavallo was also affected by the denial of fee-free appeal status.
What happened
In Cavallo v. HPD Section 8, the court entered a civil judgment dismissing the action for reasons stated in a January 22, 2025, order. The supplied opinion does not describe those reasons.
The court also certified that any appeal from the judgment would not be taken in good faith. It therefore denied the plaintiff permission to proceed without paying filing fees for an appeal.
Judge Laura Taylor Swain signed the judgment on January 24, 2025, in the Southern District of New York.
The detailed version
- Cavallo v. HPD Section 8 · No. 1:24-cv-04242
- Laura Swain
- Jan. 24, 2025
Ruling
The court entered a civil judgment dismissing the action. It stated that the dismissal was based on the reasons explained in its January 22, 2025, order, but that order is not included in the supplied opinion. The available text therefore does not identify the claims, the dismissal grounds, or whether the court addressed the merits.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. As a result, it denied the plaintiff permission to proceed without paying the required fees for an appeal. The judgment cites a Supreme Court decision explaining that good faith exists when an appellant seeks review of a nonfrivolous issue.
Disposition
The action was dismissed. In addition, in forma pauperis status—permission to proceed without paying court fees—was denied for purposes of an appeal.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.