Simmons v. City of Mount Vernon
- Vincent Briccetti
- 7:19-cv-10388
- U.S. District Court · Southern District of New York
- 1
In Simmons v. City of Mount Vernon, Judge Briccetti ordered counsel to file an appearance and denied permission to appeal without paying fees.
Terri Simmons and Annette M. Totten were affected by the filing deadline and the denial of fee-free appeal status. The order also directed that copies be mailed to them.
What happened
In Simmons v. City of Mount Vernon, the court received an amended complaint dated February 26, 2021, signed by both Terri Simmons and Annette M. Totten, Esq.
The court ordered Ms. Totten to file a formal notice of appearance electronically by March 10, 2021.
Judge Briccetti also ruled that any appeal from the order would not be taken in good faith and denied fee-free appeal status. The order did not decide the underlying claims.
The detailed version
- Simmons v. City of Mount Vernon · No. 7:19-cv-10388
- Vincent Briccetti
- Mar. 3, 2021
Background
The court received an amended complaint dated February 26, 2021. The amended complaint was signed by both Terri Simmons and Annette M. Totten, Esq.
Order
The court ordered Ms. Totten to electronically file a formal notice of appearance by March 10, 2021. A notice of appearance is a formal filing showing that an attorney represents a party in the case.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied in forma pauperis status for purposes of an appeal, meaning the plaintiff could not use that status to appeal without paying the required fees. Chambers would mail a copy of the order to the plaintiff and Ms. Totten.
Disposition
This was a procedural order concerning counsel's formal appearance and appeal-fee status. The order did not decide the merits of the claims against the defendants.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.