Opinion
15-cv-2217 (JGK)
07-24-2017
PHILLIP JEAN-LAURENT, Plaintiff, v. LATECHAR CORNELIUS, et al., Defendants.
MEMORANDUM OPINION AND ORDER JOHN G. KOELTL, District Judge :
The pro se plaintiff Phillip Jean-Laurent has moved for leave to proceed in forma pauperis on appeal. See ECF No. 70. "The decision of whether to grant a request to proceed in forma pauperis is left to the District Court's discretion under 28 U.S.C. § 1915. The Court's discretion is limited in that[] [a]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." Burda Media Inc. v. Blumenberg, 731 F. Supp. 2d 321, 322-23 (S.D.N.Y. 2010) (quotation marks omitted). The "good faith" standard is an objective one, and it is not met when a party seeks review of a frivolous claim. See Coppedge v. United States, 369 U.S. 438, 445 (1962); Linden v. Harper & Row Publishers, 490 F. Supp. 297, 300 (S.D.N.Y. 1980) (applying the objective good faith standard in the civil context). Here, the plaintiff has failed to demonstrate that his claims on appeal have any merit. Accordingly, the plaintiff's application to appeal in forma pauperis is denied without prejudice to seek the same relief from the Court of Appeals. See Coppedge, 369 U.S. at 445.
The Clerk is directed to close ECF No. 70. SO ORDERED.
Dated: New York, New York
July 24, 2017
/s/ _________
John G. Koeltl
United States District Judge