Jones v. State of New York
- Alison Nathan
- 1:16-cv-00556
- U.S. District Court · Southern District of New York
- 1
In Jones v. Holman, Judge Nathan ordered prior orders mailed and denied fee-free appeal status after the court had denied Jones’s reconsideration request.
Plaintiff Rafael Arden Jones, Sr.; the order concerns mailing him prior orders and denies him permission to appeal without paying filing fees.
What happened
In Rafael Arden Jones, Sr. v. Miles Holman, et al., the plaintiff wrote that he did not know the court had decided his request for review of a judgment.
The court explained that its November 21, 2019 order had treated the request as a motion asking the court to reconsider an earlier decision and had denied it. The court said it would mail the plaintiff copies of that order and the new order.
Judge Alison J. Nathan also certified that an appeal from this order would not be taken in good faith and denied the plaintiff permission to appeal without paying the filing fees.
The detailed version
- Jones v. State of New York · No. 1:16-cv-00556
- Alison Nathan
- Jan. 6, 2020
Background
On January 2, 2020, the court received a letter from Plaintiff Rafael Arden Jones, Sr. He stated that he was unaware the court had issued a decision on his “Request for Review of Judgement.”
Prior ruling and court response
The court explained that its November 21, 2019 order had interpreted Plaintiff’s request as a motion for reconsideration—a request asking the court to revisit an earlier decision—and had denied that request. In this order, the court directed its chambers to mail Plaintiff copies of both the new order and the November 21, 2019 order and to record the mailing on the public docket.
Appeal-related ruling
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 in forma pauperis status, meaning permission to appeal without paying the filing fees, for purposes of an appeal from this order. Judge Alison J. Nathan signed the order as a United States District Judge.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.