Jones v. City of New York
- Laura Swain
- 1:22-cv-07243
- U.S. District Court · Southern District of New York
- 2
In Jones v. City of New York, Judge Swain denied an unnecessary appeal-extension request and denied fee-free appeal status.
Keisha Jones, whose request for additional time to appeal was denied as unnecessary and whose fee-free status for the appeal was denied.
What happened
In Jones v. City of New York, the court had previously dismissed Keisha Jones’s case for failing to state a claim, and judgment was entered on February 9, 2023. Jones filed a notice of appeal and asked for more time to appeal.
The court denied the request for more time because Jones filed her notice of appeal within the required 30-day period. The court also ruled that Jones could not appeal without paying the required fees because any appeal from this order would not be taken in good faith.
Judge Laura Taylor Swain therefore denied the extension request as unnecessary and denied fee-free status for the appeal.
The detailed version
- Jones v. City of New York · No. 1:22-cv-07243
- Laura Swain
- Mar. 7, 2023
Background
The court had dismissed the action on February 6, 2023, for failure to state a claim on which relief could be granted. Judgment was entered on February 9, 2023. On March 6, 2023, Keisha Jones filed a notice of appeal and a motion asking for an extension of time to file that notice.
Ruling on the Extension Request
The court denied the motion for an extension of time to file a notice of appeal. Under the cited appellate rule, a litigant generally has 30 days after entry of the challenged order or judgment to file a notice of appeal. Because the judgment was entered on February 9 and the court received Jones’s notice on March 6, the notice was timely. The court therefore denied the extension request as unnecessary.
Appeal Without Paying Fees
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith. It therefore denied Jones’s fee-free status for purposes of the appeal. This order did not revisit the earlier dismissal of the action.
Disposition
The court denied the motion for an extension of time to appeal and denied fee-free status for the appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.