Christian v. Lopez
- Gregory Woods
- 1:23-cv-10823
- U.S. District Court · Southern District of New York
- 1
In Christian v. Lopez, Judge Woods again denied Ferris Christian permission to appeal without paying fees, certifying the appeal would not be taken in good faith.
Ferris Christian, whose request to appeal without paying filing fees was denied.
What happened
In Christian v. Lopez, the court addressed a notice about Ferris Christian’s April 16 motion to proceed without paying filing fees. The notice concerned an appeal from an earlier order.
The court referred the Second Circuit Court of Appeals to its April 17 order, which had denied Christian permission to appeal without paying fees from the order dismissing the case. The court had determined that the appeal would not be taken in good faith.
Judge Gregory H. Woods again certified that an appeal from the April 18 order would not be taken in good faith and denied Christian permission to appeal without paying fees.
The detailed version
- Christian v. Lopez · No. 1:23-cv-10823
- Gregory Woods
- Apr. 18, 2024
Background
On April 18, 2024, the court addressed a notice concerning Ferris Christian’s April 16 motion to proceed without paying filing fees for an appeal. The court directed the U.S. Court of Appeals for the Second Circuit to its April 17 order, which addressed Christian’s application from the preceding day.
Prior ruling discussed
In the April 17 order, the court denied Christian permission to appeal without paying filing fees from the order that was the subject of the appeal. The court had certified under 28 U.S.C. § 1915(a)(3) that an appeal from the March 5, 2024 order dismissing the case would not be taken in good faith. This certification is a finding that the appeal does not meet the statutory good-faith requirement for proceeding without paying fees.
Ruling
The court made the same certification regarding an appeal from the April 18 order: it would not be taken in good faith. The court therefore denied permission to appeal that order without paying filing fees. The order was signed by United States District Judge Gregory H. Woods.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.