Xu v. Teneo
- Gregory Woods
- 1:25-cv-00109
- U.S. District Court · Southern District of New York
- 1
In Xu v. Teneo, Judge Woods denied fee-free appeal status after certifying the prior dismissal was not appealed in good faith.
The plaintiff, Junsai Xu, was affected because the court denied permission to appeal the earlier dismissal without paying the required filing fees.
What happened
Xu v. Teneo concerns the plaintiff’s ability to appeal an earlier order in the case.
On June 28, 2025, the court dismissed the case without prejudice under Federal Rule of Civil Procedure 4(m). The opinion does not explain the underlying claims or the reason for that dismissal beyond citing the rule.
On July 1, 2025, Judge Gregory H. Woods certified that an appeal of the June 28 order would not be taken in good faith and denied the plaintiff permission to appeal without paying the filing fees. The clerk was directed to mail the order to the plaintiff by certified mail.
The detailed version
- Xu v. Teneo · No. 1:25-cv-00109
- Gregory Woods
- July 1, 2025
Background
The court had previously dismissed the case on June 28, 2025, without prejudice under Federal Rule of Civil Procedure 4(m). Rule 4(m) concerns service of the summons and complaint. The opinion does not provide additional facts about the claims, the service issue, or the parties’ arguments.
Ruling
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the June 28 dismissal would not be taken in good faith. Based on that certification, it denied in forma pauperis status for the purpose of an appeal. In plain terms, the plaintiff was not permitted to pursue that appeal without paying the required filing fees. The clerk was directed to send the order to the plaintiff by certified mail.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.