Goodman v. Bouzy
- Analisa Torres
- 1:21-cv-10878
- U.S. District Court · Southern District of New York
- 2
In Goodman v. Bouzy, Judge Torres struck a nonparty’s filings and denied appeal in forma pauperis status because he lacked permission to intervene.
David George Sweigert’s filings were struck from the docket because he had not been allowed to intervene. Jason Goodman and Sweigert were directed to receive copies of the order, and appeal in forma pauperis status was denied.
What happened
In Goodman v. Bouzy, David George Sweigert, who was not a party, filed several documents, including declarations, affidavits, and an amicus brief.
The court ordered the Clerk to remove those documents from the docket because Sweigert had not received permission to intervene in the case. The court also denied in forma pauperis status for any appeal, meaning Sweigert could not appeal without paying the required fees under that status.
Judge Analisa Torres directed the Clerk to send the order to Jason Goodman and David George Sweigert and record that it had been served.
The detailed version
- Goodman v. Bouzy · No. 1:21-cv-10878
- Analisa Torres
- Jan. 4, 2022
Background
David George Sweigert, a nonparty, filed several documents in the case, including a notice of related litigation, two declarations, an amicus curiae brief, and two affidavits. The opinion identifies these as Electronic Case Filing documents 2 through 8.
Court’s Reasoning
The court stated that nonparties may not file documents in a case unless they have been granted permission to intervene under Rule 24 of the Federal Rules of Civil Procedure. Because Sweigert was a nonparty and had not received permission to intervene, the court directed the Clerk of Court to strike the documents from the docket.
Ruling
The court directed the Clerk to mail the order to Plaintiff Jason Goodman and David George Sweigert and to note service on the docket. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied in forma pauperis status for purposes of an appeal. In forma pauperis status permits a person to proceed without paying ordinary court fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.