Myers v. Deputy O’Banner
- Laura Swain
- 1:25-cv-05644
- U.S. District Court · Southern District of New York
- 1
Myers v. O’Banner: Judge Swain dismissed the action and denied fee-free appeal status, finding any appeal would not be in good faith.
The judgment directly affected plaintiff Gregory P. Myers by dismissing his action and denying him permission to appeal without paying filing fees. The provided text does not state the underlying reason for dismissal.
What happened
In Gregory P. Myers v. Deputy O’Banner, et al., the court entered judgment dismissing the action for the reasons given in a September 2, 2025, order. That earlier order is not included here, so this judgment does not explain why the action was dismissed.
The court also determined that an appeal would not be taken in good faith. As a result, it denied Myers permission to appeal without paying the filing fees.
Judge Laura Taylor Swain signed the judgment on September 3, 2025, in the U.S. District Court for the Southern District of New York.
The detailed version
- Myers v. Deputy O’Banner · No. 1:25-cv-05644
- Laura Swain
- Sept. 3, 2025
Ruling
The court dismissed the action for the reasons stated in its September 2, 2025, order. That order is not part of the provided text, so the basis for dismissal and whether the court reached the merits cannot be determined from this judgment alone.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the judgment would not be taken in good faith. It therefore denied in forma pauperis status for purposes of an appeal. In plain English, Myers was not permitted to pursue an appeal without paying the required filing fees based on this certification.
Disposition
The action was dismissed. Appeal-related fee-waiver status was denied. The judgment was signed by Chief United States District Judge Laura Taylor Swain and dated September 3, 2025.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.