Stark v. Cooper
- Colleen McMahon
- 1:19-cv-07439
- U.S. District Court · Southern District of New York
- 2
In Stark v. Cooper, Judge McMahon denied Stark’s appeal-extension request as moot and denied relief concerning two affidavits.
Evette Jody Stark’s extension request and requests for relief were denied; fee-free appeal status was also denied for any appeal from this order.
What happened
In Stark v. Cooper, Evette Jody Stark filed the action against Matthew Cooper without a lawyer. The Court had dismissed her complaint and entered judgment on September 24, 2019.
The Court later gave Stark 15 days to submit a notice of appeal. She requested another extension on November 8, 2019, but she filed a notice of appeal that same day, and the Court sent it to the Second Circuit.
Chief United States District Judge Colleen McMahon denied the extension request as moot and denied any relief sought in Stark’s two affidavits. The Court also denied fee-free appeal status for any appeal from this order, finding that such an appeal would not be taken in good faith.
The detailed version
- Stark v. Cooper · No. 1:19-cv-07439
- Colleen McMahon
- Nov. 12, 2019
Background
Evette Jody Stark filed this action without a lawyer. On September 24, 2019, the Court dismissed the complaint and entered judgment. On October 25, 2019, the Court gave Stark 15 days to submit a notice of appeal.
On November 8, 2019, Stark filed a second request for more time to file a notice of appeal. The opinion states that she filed a notice of appeal on the same day and that the Court transmitted the notice to the United States Court of Appeals for the Second Circuit.
Rulings
The Court denied Stark’s motion for an extension of time to appeal as moot because she had already filed the notice of appeal. The Court also denied any relief Stark sought in her “Affidavit of Corporate Denial” and “Affidavit of Public Servant’s Bond Obligations.”
The Court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. It therefore denied fee-free appeal status for an appeal from this order. The Clerk was directed to mail Stark a copy of the order and record service on the docket.
Classification
This is a procedural order. It addressed the timing of an appeal, requests for relief in two affidavits, and fee-free appeal status; it did not decide the merits of the underlying complaint.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.