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S.D.N.Y.Procedural orderFiled Dec. 30, 2020

Delva v. United States

Judge
Jesse Furman
Docket
1:19-cv-03623
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Delva v. United States, Judge Jesse M. Furman denied David Delva permission to proceed without prepaying fees and denied fee-free status for an appeal.

Who this affects

David Delva, whose request to proceed without prepaying fees was denied, including for purposes of an appeal.

What happened

Delva v. United States concerns David Delva’s request to proceed in the court without paying fees in advance.

The court denied that permission. It also stated that an appeal from the order would not be taken in good faith and denied fee-free status for an appeal.

Judge Jesse M. Furman directed the Clerk of Court to enter the order on both docket numbers and mail a copy to Delva.

The detailed version

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

Case
Delva v. United States · No. 1:19-cv-03623
Judge
Jesse M. Furman
Date
Dec. 30, 2020

Ruling

The court denied David Delva leave to proceed without prepaying court fees. This is permission to pursue a matter without paying the filing fees in advance.

The order refers to ECF No. 23, page 13, which states that an appeal from the order would not be taken in good faith. The court therefore also denied fee-free status for purposes of an appeal under 28 U.S.C. § 1915(a)(3), the statute governing this type of fee waiver.

Clerk’s Directions

The court directed the Clerk of Court to enter the order on both docket numbers—12-CR-802-4 and 19-CV-3623—and to mail a copy of the order to Delva.

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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