The New Yorker Hotel Management Company, Inc. v. Barreto
- Laura Swain
- 1:22-cv-02960
- U.S. District Court · Southern District of New York
- 2
In The New Yorker Hotel Management Company v. Barreto, Judge Swain denied Barreto’s request to appeal without paying costs in advance.
Mickey Barreto, whose application to proceed without paying costs in advance on appeal was denied; the order leaves open a request to the U.S. Court of Appeals for the Second Circuit.
What happened
In The New Yorker Hotel Management Company, Inc. v. Barreto, Mickey Barreto tried to move a case from New York state court to federal court. The federal court previously ruled that the move was improper and sent the case back to state court.
Barreto appealed that decision and asked to proceed on appeal without paying costs in advance. The court certified that the appeal was not being taken in good faith because it did not present a nonfrivolous issue for review.
Judge Laura Taylor Swain denied Barreto’s application to proceed without paying costs in advance on appeal. The order states that a party may still ask the U.S. Court of Appeals for the Second Circuit for permission to proceed that way.
The detailed version
- The New Yorker Hotel Management Company, Inc. v. Barreto · No. 1:22-cv-02960
- Laura Swain
- Aug. 25, 2022
Background
Mickey Barreto filed a notice seeking to move the case from the Civil Court of the City of New York, County of New York, to the federal court. On April 29, 2022, the court ruled that the removal was improper and sent the case back to state court.
Barreto then filed a notice of appeal from that order. He later applied to proceed without paying the required costs in advance on appeal, a status commonly called proceeding in forma pauperis.
Ruling
Under 28 U.S.C. § 1915(a)(3), the court certified that the appeal was not taken in good faith. The court explained that good faith requires an appellant to seek review of a nonfrivolous issue. Based on that certification, Judge Swain denied Barreto’s application for this status for purposes of the appeal.
The order did not prevent Plaintiff from asking the U.S. Court of Appeals for the Second Circuit for permission to proceed without paying costs in advance.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.