Green v. FOX Corporation
- Laura Swain
- 1:22-cv-00243
- U.S. District Court · Southern District of New York
- 2
In Green v. FOX Corporation, Judge Swain denied Green’s unnecessary extension request and denied fee-waiver status for the appeal.
Courtney Green, whose request for more time to file a notice of appeal was denied as unnecessary and whose permission to proceed without paying appeal-related filing costs was denied.
What happened
In Green v. FOX Corporation, the court had already dismissed the action as frivolous and denied Green’s request to reconsider. Green then asked for more time to file an appeal, although Green had already filed a notice of appeal.
The court explained that a civil appeal generally must be filed within 30 days after judgment. Because that filing period had not ended, the request for extra time was unnecessary. The court also directed the Clerk’s Office to process the notice of appeal.
Judge Laura Taylor Swain denied the extension request as unnecessary and ruled that Green could not proceed without paying the appeal’s filing costs because any appeal from this order would not be taken in good faith.
The detailed version
- Green v. FOX Corporation · No. 1:22-cv-00243
- Laura Swain
- Sept. 28, 2022
Background
The court had dismissed this action as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). On the same day, Courtney Green moved for reconsideration, and the court denied that motion two days later. Green then moved for an extension of time to file a notice of appeal and later filed the notice of appeal. The opinion notes that the extension motion identified this case by docket number but listed “Live with Kelly and Ryan Show,” rather than FOX Corporation, as the defendant.
Reasoning
Federal Rule of Appellate Procedure 4(a)(1)(A) generally requires a notice of appeal in a civil case to be filed within 30 days after judgment. The court stated that Green’s time to file a notice of appeal had not expired. Because Green had already filed a notice of appeal and the filing period remained open, the court found that an extension request was unnecessary.
Ruling
The court denied Green’s request for an extension of time to appeal as unnecessary. It directed the Clerk of Court to process the notice of appeal under the Clerk’s Office’s procedures. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied permission to proceed without paying the appeal’s filing costs. This order addressed the appeal-related requests; it did not revisit the earlier dismissal of the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.