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S.D.N.Y.Procedural orderFiled Apr. 27, 2020

Mees v. City of New York

Judge
Alison Nathan
Docket
1:19-cv-07346
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Mees v. City of New York, Judge Nathan denied Mees’s motion to appeal without paying fees, finding the appeal would not be taken in good faith.

Who this affects

Heleen Mees’s request to appeal the Court’s April 7, 2020 order without paying court fees was denied; the opinion does not state the effect on the underlying claims.

What happened

In Mees v. City of New York, Heleen Mees asked to appeal the Court’s April 7, 2020 order without paying court fees.

The Court treated her filing as a request for permission to appeal without paying fees. It said the appeal would not be taken in good faith, that the issue was not a close question, and that the April 7 order did not appear immediately appealable.

Judge Alison J. Nathan denied the motion. The order did not decide the underlying claims in the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Mees v. City of New York · No. 1:19-cv-07346
Judge
Alison Nathan
Date
Apr. 27, 2020

Background

Heleen Mees filed a motion concerning an appeal of the Court’s April 7, 2020 order. The Court construed the filing as a request for permission to appeal without paying court fees.

Issue

The issue was whether Mees could proceed with an appeal without paying fees. The Court also considered whether the appeal would be taken in good faith and whether the April 7 order appeared immediately appealable.

Ruling

The Court found under 28 U.S.C. § 1915(a)(3) that an appeal from the April 7 order would not be taken in good faith. It stated that the issue decided in that order was not a close question and that the order did not appear to be immediately appealable. Judge Alison J. Nathan therefore denied Mees’s motion.

Effect

The order denied the request to appeal without paying fees. The supplied opinion does not address the merits of Mees’s underlying claims against the City of New York or the other defendants.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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