Kelly v. Miller
- Laura Swain
- 1:25-cv-06763
- U.S. District Court · Southern District of New York
- 1
In Shytique Kelly v. Mark Miller, Judge Swain dismissed the action and certified that an appeal would not be taken in good faith.
Shytique Kelly's action against Mark Miller was dismissed, and the court certified that any appeal would not be taken in good faith.
What happened
In Shytique Kelly v. Mark Miller, the court entered a judgment dismissing the action.
The court said the dismissal was for the reasons stated in an August 17, 2025, order. That earlier order is not included in the opinion text provided here, so the basis for dismissal is not stated.
Chief United States District Judge Laura Taylor Swain also certified that any appeal from the judgment would not be taken in good faith.
The detailed version
- Kelly v. Miller · No. 1:25-cv-06763
- Laura Swain
- Oct. 27, 2025
Ruling
The court dismissed the action for the reasons stated in its August 17, 2025, order. The provided opinion does not explain those reasons, and the earlier order is not included.
Appeal Certification
Under 28 U.S.C. § 1915(a)(3), the court certified that any appeal from the judgment would not be taken in good faith. The opinion cites a Supreme Court decision explaining that an appeal is taken in good faith when the appellant seeks review of a nonfrivolous issue.
Disposition
The action was dismissed. The court did not state in this opinion whether the dismissal was with or without prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.