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Fair v. Lew

United States District Court, N.D. New York

July 10, 2017

KEITH DARNELL FAIR, Plaintiff,
v.
JACOB LEW, United States Secretary of Treasury, Defendant.

          KEITH DARNELL FAIR, Plaintiff, pro se Central New York Psychiatric Center

          DECISION AND ORDER

          DAVID N. HURD, United States District Judge

         I. INTRODUCTION

         In February 2017, pro se plaintiff Keith Darnell Fair ("Fair" or "plaintiff") commenced this civil rights action. See Dkt. No. 1.

         In a Decision and Order of this Court filed on May 16, 2017, Fair was granted leave to proceed in forma pauperis. Dkt. No. 9 (the "May Order"). Following review of plaintiff's complaint in accordance with 28 U.S.C. § 1915(e) and § 1915A, the Court determined that the complaint failed to state a claim upon which relief could be granted and was therefore subject to dismissal without leave to amend. Id. Judgment was duly entered by the Clerk. Dkt. No. 10. Plaintiff has since appealed to the Second Circuit Court of Appeals. Dkt. No. 14.

         Presently pending are Fair's motions: (1) to proceed in forma pauperis on appeal (Dkt. Nos. 15 and 17); (2) to reconsider/vacate the May Order and Judgment (Dkt. No. 12); and (3) for a copy of the Judges' Oath of Office (Dkt. No. 13).

         II. ANALYSIS

         A. Motion for Leave to Proceed In Forma Pauperis on Appeal

         Rule 24(a)(3) of the Federal Rules of Appellate Procedure provides, in relevant part:

Prior Approval. A party who was permitted to proceed in forma pauperis in the district-court action . . . may proceed on appeal in forma pauperis without further authorization, unless:
(A) the district court - before or after the notice of appeal is filed - certifies that the appeal is not taken in good faith or finds that the party is not otherwise entitled to proceed in forma pauperis and states in writing its reasons for the certification or finding . . . .

Fed. R. App. P. 24(a)(3).

         Fair's motion for leave to proceed in forma pauperis was previously granted, see Dkt. No. 9, and the Court has not revoked that status. Accordingly, plaintiff may proceed with his appeal to the Second Circuit in forma pauperis without further authorization from this Court.

         B. Motion to ...


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