Epperson v. United States
- Colleen McMahon
- 1:21-cv-02176
- U.S. District Court · Southern District of New York
- 2
In Epperson v. United States, Judge McMahon denied as moot Epperson’s motion to extend the appeal deadline after the Second Circuit dismissed the second appeal.
Chris Jonathan Epperson’s motion for an extension of time to appeal was denied as moot, and permission to proceed without paying the filing fee for an appeal from this order was denied.
What happened
In Epperson v. United States, the court had previously dismissed Chris Jonathan Epperson’s complaint as frivolous. The Second Circuit dismissed Epperson’s first appeal and later dismissed a second appeal.
Epperson had also asked for more time to appeal. Because the Second Circuit had already decided the second appeal, the court denied the extension motion as moot.
Judge McMahon also ruled that any appeal from this order would not be taken in good faith and denied permission to proceed without paying the filing fee for such an appeal.
The detailed version
- Epperson v. United States · No. 1:21-cv-02176
- Colleen McMahon
- Dec. 19, 2022
Background
The court had dismissed Plaintiff Chris Jonathan Epperson’s complaint as frivolous in an April 1, 2021 order. Epperson filed a notice of appeal, but the United States Court of Appeals for the Second Circuit dismissed that appeal by mandate issued August 30, 2021.
About ten months later, Epperson filed a second notice of appeal and moved for an extension of time to appeal. The Second Circuit dismissed the second appeal by mandate issued November 15, 2022.
Ruling
Because the Second Circuit had already issued a decision on the second appeal, the court dismissed as moot Epperson’s motion for an extension of time to appeal. In its conclusion, the court stated that the motion was denied as moot.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. It therefore denied permission to proceed without paying the filing fee for an appeal from this order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.