(Refiles to change to ‘he’ from ‘she’ in para 1)
NEW YORK (Reuters) -A U.S. judge on Friday declared that Donald Trump had filed a “frivolous” appeal of his decision not to dismiss the first of writer E. Jean Carroll’s two defamation lawsuits stemming from her claims that he raped her.
U.S. District Judge Lewis Kaplan in Manhattan also denied Trump’s bid to delay the case while he appeals.
“Mr. Trump has not provided a single reason for the court to find that there is any likelihood that he will succeed on appeal,” Kaplan wrote. “This court certifies that the appeal itself is frivolous.”
Lawyers for Trump did not immediately respond to requests for comment. Carroll’s lawyer Roberta Kaplan, who is not related to the judge, declined to comment.
The case stemmed from Trump’s June 2019 denial that he raped Carroll in a Bergdorf Goodman department store dressing room in Manhattan in the mid-1990s.
Trump is appealing a June 29 decision in which Judge Kaplan said the former president did not deserve absolute presidential immunity, and rejected the idea that many of his statements about Carroll were protected opinion.
The case is separate from the May 9 verdict where a jury found Trump liable to pay Carroll $5 million for sexual abuse, and for defaming her in an Oct. 2022 social media post.
A trial is scheduled for Jan. 15, 2024.
(Reporting by Jonathan Stempel in New YorkEditing by Alistair Bell)
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