Kelsey v. Rosa
- Philip Halpern
- 7:24-cv-05179
- U.S. District Court · Southern District of New York
- 1
In Kelsey v. Rosa, Judge Halpern denied Kelsey permission to proceed without fees on appeal after finding the appeal was not taken in good faith.
Michael N. Kelsey must pay the applicable filing fees for his appeal because the court denied his request to proceed without paying them. The appeal itself was not dismissed by this order.
What happened
In Kelsey v. Rosa, Michael N. Kelsey appealed an earlier order denying his request for a temporary restraining order.
Kelsey also asked to proceed on appeal without paying filing fees. The court certified that his appeal was not taken in good faith and denied that request. The opinion does not dismiss or otherwise rule on the appeal itself.
Judge Philip M. Halpern directed the Clerk of Court to enter the order, mail it to Kelsey, and send it to the U.S. Court of Appeals for the Second Circuit.
The detailed version
- Kelsey v. Rosa · No. 7:24-cv-05179
- Philip Halpern
- May 12, 2025
Background
On February 19, 2025, the court denied Michael N. Kelsey's application for a temporary restraining order. On May 6, 2025, Kelsey filed a notice of appeal from that order and moved for permission to proceed without paying filing fees on appeal.
Ruling
The court certified under 28 U.S.C. § 1915(a)(3) that Kelsey's appeal was not taken in good faith. The court explained that an appeal is taken in good faith when the appellant seeks review of a nonfrivolous issue, citing the Supreme Court's decision in Coppedge v. United States. Based on that certification, the court denied Kelsey's request to proceed without paying filing fees for the appeal. The order did not dismiss the appeal itself or decide the merits of the underlying temporary-restraining-order dispute.
Clerk's Instructions
Judge Philip M. Halpern directed the Clerk of Court to enter the order, mail a copy to Kelsey, and transmit a copy to the United States Court of Appeals for the Second Circuit.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.