Schulte v. Attorney General of the United States
- Jesse Furman
- 1:19-cv-03346
- U.S. District Court · Southern District of New York
- 1
In Schulte v. Attorney General of the United States, Judge Crotty denied Schulte’s request to appeal without paying fees.
Joshua Adam Schulte’s request to appeal without paying filing fees was denied; the order concerns the appeal from the earlier dismissal without prejudice.
What happened
In Schulte v. Attorney General of the United States, the court had previously closed the case while allowing Joshua Adam Schulte to reopen it after his criminal proceedings ended. Schulte appealed that dismissal and asked to proceed without paying the appeal’s filing fees.
The court certified that an appeal from the dismissal without prejudice would not be taken in good faith because it did not raise a nonfrivolous issue.
Judge Paul A. Crotty therefore denied Schulte’s request to proceed without paying fees on appeal.
The detailed version
- Schulte v. Attorney General of the United States · No. 1:19-cv-03346
- Jesse Furman
- Jan. 23, 2020
Background
The court had previously directed the Clerk of Court to administratively close the action, with permission to reopen it after resolution of the underlying criminal proceedings against Joshua Adam Schulte. Schulte then filed a notice of appeal from the dismissal order and asked to proceed on appeal without paying the required filing fees.
Ruling
Under 28 U.S.C. § 1915(a)(3), the court certified that an appeal from the dismissal without prejudice would not be taken in good faith. The court referred to the rule that good faith requires an appellant to seek review of a nonfrivolous issue. The court therefore denied in forma pauperis status for purposes of the appeal. An in forma pauperis request is a request to proceed without paying court fees.
Effect of the Order
The order denied Schulte’s fee-waiver request for the appeal. The opinion does not otherwise address the merits of the underlying action or criminal proceedings.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.