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Koch v. Kruml, 8:19CV345. (2019)

Court: District Court, D. Nebraska Number: infdco20190917c65 Visitors: 10
Filed: Sep. 16, 2019
Latest Update: Sep. 16, 2019
Summary: ORDER TO SHOW CAUSE ROBERT F. ROSSITER, JR. , District Judge . This matter is before the Court on plaintiff Mark Allen Koch's ("Koch") Motion to Proceed in forma pauperis ("IFP") on appeal (Filing No. 35) to the Eighth Circuit Court of Appeals. A motion to proceed IFP must include an affidavit that (1) shows "the party's inability to pay or give security for fees and costs," (2) "claims an entitlement to redress," and (3) "states the issues that the party intends to present on appeal." Fed.
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ORDER TO SHOW CAUSE

This matter is before the Court on plaintiff Mark Allen Koch's ("Koch") Motion to Proceed in forma pauperis ("IFP") on appeal (Filing No. 35) to the Eighth Circuit Court of Appeals. A motion to proceed IFP must include an affidavit that (1) shows "the party's inability to pay or give security for fees and costs," (2) "claims an entitlement to redress," and (3) "states the issues that the party intends to present on appeal." Fed. R. App. P. 24(a); see also 28 U.S.C. § 1915(a).

Here, Koch did not include an affidavit with his motion to proceed IFP. Koch is directed to file an affidavit making the three required showings by September 30, 2019. Failure to do so may result in denial of Koch's motion to proceed IFP without further notice. An affidavit form can be accessed at the Court's website, see United States District Court District of Nebraska, Proceeding Without an Attorney, https://www.ned.uscourts.gov/public/proceeding-without-an-attorney (the second line in the table: "Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis"; click "Word" to open the affidavit), or at Form 4 of the Appendix of Forms to the Federal Rules of Appellate Procedure. The Clerk of Court is directed to send a copy of the affidavit form found on the Court's website to Koch at his address of record.

IT IS SO ORDERED.

Source:  Leagle

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