Ahmad v. Day
- Jesse Furman
- 1:20-cv-04507
- U.S. District Court · Southern District of New York
- 1
In Ahmad v. Day, Judge Furman denied reconsideration and denied Ahmad permission to appeal without paying fees.
Mahfooz Ahmad, whose motion for reconsideration was denied and whose request to appeal without paying court fees was denied; the defendants, including Colin Day, whose dismissal order was not reconsidered.
What happened
In Ahmad v. Day, the court had previously granted the defendants’ motion to dismiss. The opinion identifies Mahfooz Ahmad as the plaintiff and Colin Day and others as defendants.
Ahmad filed a motion for reconsideration the day after the court issued its dismissal order. The court said Ahmad presented no valid grounds for reconsideration.
Judge Jesse M. Furman denied the reconsideration motion and certified that any appeal from the order would not be taken in good faith. The court therefore denied Ahmad permission to appeal without paying court fees.
The detailed version
- Ahmad v. Day · No. 1:20-cv-04507
- Jesse Furman
- June 8, 2023
Background
On June 6, 2023, the court issued an opinion and order granting the defendants’ motion to dismiss. On June 7, 2023, Plaintiff Mahfooz Ahmad filed a motion asking the court to reconsider that decision.
Reconsideration Motion
The court denied the motion. It stated that Ahmad presented no valid grounds for reconsideration and cited the strict standard governing such motions. The court explained that reconsideration is not a way to relitigate old issues, present new theories, obtain another hearing on the merits, or take a second opportunity to make the same case. Generally, reconsideration is denied unless the moving party identifies controlling decisions or information that the court overlooked.
Appeal and Disposition
Judge Jesse M. Furman certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. The court therefore denied Ahmad permission to appeal without paying court fees. The Clerk of Court was directed to terminate the reconsideration motion from the docket. The opinion does not provide further details about the grounds Ahmad raised in the motion.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.