Martinez v. LaManna
- Vincent Briccetti
- 7:19-cv-03348
- U.S. District Court · Southern District of New York
- 1
In Martinez v. LaManna, Judge Briccetti denied Rafael Martinez’s request to appeal without paying fees because the appeal would not be taken in good faith.
Rafael Martinez’s ability to pursue an appeal without paying filing fees; the opinion does not state whether the appeal itself was dismissed or otherwise resolved.
What happened
In Martinez v. LaManna, the court had previously dismissed Rafael Martinez’s complaint against Jamie LaManna and Robert Bentivegna, and judgment had been entered.
Martinez later filed a notice of appeal and asked to proceed with the appeal without paying filing fees. The opinion states that he had been represented by counsel in the case.
Judge Briccetti certified that an appeal from the judgment or the earlier dismissal order would not be taken in good faith, and he therefore denied Martinez’s request to proceed without paying fees on appeal.
The detailed version
- Martinez v. LaManna · No. 7:19-cv-03348
- Vincent Briccetti
- Sept. 16, 2020
Background
The court stated that, in an April 28, 2020 Opinion and Order, it granted the defendants’ motion to dismiss the complaint. The Clerk entered judgment on April 29, 2020. The opinion also stated that Rafael Martinez was represented by counsel in the matter.
On July 25, 2020, Martinez dated a notice of appeal, which the court received on August 3, 2020. On September 9, 2020, the court received Martinez’s motion to proceed on appeal without paying the required fees.
Ruling
Judge Vincent L. Briccetti certified under 28 U.S.C. § 1915(a)(3) that an appeal from the judgment or the April 28 Opinion and Order would not be taken in good faith. The court therefore denied Martinez’s motion to proceed without paying fees for the appeal. This order addressed the fee request; it did not reconsider the earlier dismissal ruling.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.