No. 22-7325

Noel Brown v. City of New York, New York, et al.

Lower Court: Second Circuit
Docketed: 2023-04-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion appellate-procedure civil-procedure civil-rights collateral-review court-review federal-rules-of-appellate-procedure in-forma-pauperis judicial-discretion prisoner-appeal standing
Key Terms:
Environmental Securities Immigration
Latest Conference: 2023-06-01
Question Presented (AI Summary)

Did the denial of appellant's motion for in forma pauperis violate Rule 24(A)(5) of the Federal Rules of Appellate Procedure?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Did the Denial of Appellant's motion for in forma patiperis, by the U.S. Court of Appeals, violate Rule 24(A)(5), of ‘the Federal Rule“of Appellate Procedure? 2. Does the substantial holding in statue 28 event shall’a prisoner be prohibited from bringing a civil action or appealing a civil ‘judgment for the reason’that the prisoner has no’assets and no'means by which to pay the initial partial filing fee. Apply on collateral review to petitioner? 3. Is it Error of Law, for the United States Court of Appeal to deny petitioner's Motion for Informa Pauperis, in the Court of Appeals, when said motion included the affidavit prescribed by Rule 24(A)(1)? 4. Dees the dismissal of petitioner's appeal by the Court of Appeals because “it lacks an arguable basis either in law or in fact." Construe as an abuse of discretion, because the Appeal Court cannot make appealable order otherwise unappealable, since right te appeal exist under Rule(3). Apply on collateral review to petitioner? 5. Does the Court of Appeals Remand, for the “District Court to modify its judgment to reflect that Appellant's false-arrest claim is dismissed without prejudice." Prejudice per se? because arrestee did win favorable termination of charges against him, leading to his arrest, which were resolved with grant of Not Guilty, on VTL 511 charges, and mistrial of after the fact charges of weapon possession, in a jury trial within the State of New York Supreme Court. WHEREBY, should Fruit of the Poisonous Tree Doctrine, and the Exclusionary Rule. Apply on collateral review to petitioner? . QUESTIONS PRESENTED 6. Where no notice of the District Court's denial pursuant to Rule 24(A)(4) occured. Should petitioner now a prisoner be prohibited from his appeals as of right? 7. Should the U.S. Court of Appeals for the Second Circuit, have asses petitioner's affidavit submitted prescribed by Rule 24(A)(1), and if funds exist, collect, as a partial payment towards petitioner's appeal. Apply on collateral review to petitioner?

Docket Entries

2023-07-24
Rehearing DENIED.
2023-06-29
DISTRIBUTED.
2023-06-09
Petition for Rehearing filed.
2023-06-05
Petition DENIED.
2023-05-17
DISTRIBUTED for Conference of 6/1/2023.
2023-05-02
Waiver of right of respondent City of New York, New York, et al. to respond filed.
2023-04-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 19, 2023)

Attorneys

City of New York, New York, et al.
Julie Steiner — Respondent
Julie Steiner — Respondent
Noel Brown
Noel Brown — Petitioner
Noel Brown — Petitioner