Sun v. New York City Police Department
- Laura Swain
- 1:18-cv-11002
- U.S. District Court · Southern District of New York
- 2
In Sun v. New York City Police Department, Judge Swain denied reconsideration, found related requests moot, and denied appeal-extension request as moot.
Yi Sun's requests for reconsideration, a temporary restraining order, and more time to file a notice of appeal were denied or found moot; permission to proceed without paying court fees for an appeal was also denied.
What happened
In Sun v. New York City Police Department, Yi Sun asked the court to reconsider its August 6 order, temporarily stop that order, and extend the deadline for filing an appeal.
The court said the request offered no new legal or factual reason to reconsider the August 6 order. It denied reconsideration, found the request to temporarily stop that order moot, and found the request for more time to appeal moot because Sun had already filed a notice of appeal.
Judge Laura Taylor Swain also certified that an appeal from this order would not be taken in good faith and denied permission to proceed without paying court fees for an appeal.
The detailed version
- Sun v. New York City Police Department · No. 1:18-cv-11002
- Laura Swain
- Sept. 15, 2020
Background
Yi Sun's August 27, 2020 letter asked the court to take three actions concerning its August 6, 2020 Memorandum Opinion and Order: reconsider that order, issue a temporary restraining order staying it, and extend the time to file a notice of appeal. The court had already denied Sun's motion to reconsider the August 6 order in a September 2, 2020 order.
Court's analysis
The court stated that Sun's current request did not present any new legal or factual basis that justified reconsideration. It therefore denied the request for reconsideration. Because reconsideration was denied, the court found the request for a temporary restraining order moot, meaning the court determined that request no longer required a ruling.
Sun had filed a notice of appeal from the August 6 order on August 21, 2020. For that reason, the court denied as moot Sun's request for an extension of time to file a notice of appeal.
Ruling
The court denied reconsideration, found the temporary-restraining-order request moot, and denied as moot the request for an extension of time to file a notice of appeal. Under 28 U.S.C. § 1915(a)(3), Judge Laura Taylor Swain certified that an appeal from this order would not be taken in good faith and denied permission to proceed without paying court fees for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.