United States District Court, N.D. New York
DARNELL FAIR, Plaintiff, pro se Central New York Psychiatric
DECISION AND ORDER
N. HURD, United States District Judge
February 2017, pro se plaintiff Keith Darnell Fair
("Fair" or "plaintiff") commenced this
civil rights action. See Dkt. No. 1.
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.
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.
Motion for Leave to Proceed In Forma Pauperis on
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,
(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).
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.
Motion to ...