Wang v. International Business Machines Corp.
- Vincent Briccetti
- 7:11-cv-02992
- U.S. District Court · Southern District of New York
- 1
In Wang v. International Business Machines Corp., Judge Briccetti kept the denial of Wang’s motion and denied any further relief.
Jian Wang, also identified as James Wang, whose motion remained denied and whose request to proceed without paying appeal fees was denied; International Business Machines Corp. was the defendant named in the case.
What happened
In Wang v. International Business Machines Corp., the court had previously denied Jian Wang’s motion to reopen and cure a defective filing. The court mailed that decision to Wang.
Before receiving the decision, Wang had submitted a reply supporting his motion. The court reviewed the reply but found nothing that justified changing its earlier decision.
Judge Briccetti therefore left the earlier denial in place and denied any further relief requested in the reply. He also ruled that an appeal would not be taken in good faith and denied Wang permission to proceed without paying court fees for an appeal.
The detailed version
- Wang v. International Business Machines Corp. · No. 7:11-cv-02992
- Vincent Briccetti
- May 12, 2021
Background
The court had denied Jian Wang, also identified in the caption as James Wang, a motion titled “Motion to Reopen and Cure Defective” in an order dated May 10, 2021. The court mailed that order to Wang.
Reply and ruling
The court received and docketed Wang’s reply on May 11, 2021. The reply was dated May 9, 2021, so the court noted that Wang had submitted it before receiving notice of the May 10 order. After reviewing the reply, the court found nothing that caused it to change its decision. The court therefore adhered to the May 10 order in all respects. To the extent the reply requested any additional relief, the court denied that request as plainly without merit.
Appeal-related ruling
The court 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 Wang permission to proceed without paying the required fees for an appeal. Judge Vincent L. Briccetti signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.