Brown v. National Basketball Association
- Gregory Woods
- 1:19-cv-06434
- U.S. District Court · Southern District of New York
- 2
In Brown v. National Basketball Association, Judge Woods denied Brown’s extension request and denied fee-free appeal status.
Kimberly Bernice Brown, whose request for an extension of time was denied and whose permission to appeal this order without paying filing fees was also denied.
What happened
Kimberly Bernice Brown asked for more time to file a notice of appeal from the court’s January 2, 2020 dismissal of her case against the National Basketball Association and Tamera Young.
Brown said she had not appealed on time because she did not know an appeal was available. The court noted that she had previously asked for an extension to appeal the dismissal, and that request had already been denied.
Judge Gregory H. Woods denied the portion of the new motion directed to the court. He also ruled that any appeal from this order would not be taken in good faith and denied Brown permission to appeal without paying filing fees.
The detailed version
- Brown v. National Basketball Association · No. 1:19-cv-06434
- Gregory Woods
- July 31, 2020
Background
On July 30, 2020, Kimberly Bernice Brown filed a motion asking for an extension of time to file a notice of appeal. The opinion states that the appeal would have concerned the court’s January 2, 2020 dismissal of the case.
Prior request
Brown stated that she had not appealed on time because she was unaware that an appeal was available in her case. The court noted, however, that Brown had sent a January 13 letter asking for “an extension to appeal the court’s decision” dismissing the case. The court received that letter on January 22 and denied it that same day.
Ruling
Judge Gregory H. Woods denied the motion to the extent it was directed to the court. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. As a result, it denied Brown in forma pauperis status for an appeal, meaning she could not appeal this order without paying the required filing fees under that status. The Clerk of Court was directed to mail Brown a copy of the order by first-class and certified mail and record service on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.