ALPER v. GALLUP, INC., 8:11CV254. (2012)
Court: District Court, D. Nebraska
Number: infdco20120813780
Visitors: 15
Filed: Aug. 10, 2012
Latest Update: Aug. 10, 2012
Summary: MEMORANDUM AND ORDER JOSEPH F. BATAILLON, District Judge. This matter is before the court on Plaintiff's Motion for Leave to Appeal In Forma Pauperis. (Filing No. 76. ) On July 5, 2012, the court dismissed Plaintiff's claims with prejudice and entered judgment against Plaintiff. (Filing Nos. 73 and 74. ) On August 3, 2012, Plaintiff filed a Notice of Appeal of the court's Judgment. (Filing No. 75. ) Plaintiff is not a prisoner and has previously been granted leave to proceed IFP in this m
Summary: MEMORANDUM AND ORDER JOSEPH F. BATAILLON, District Judge. This matter is before the court on Plaintiff's Motion for Leave to Appeal In Forma Pauperis. (Filing No. 76. ) On July 5, 2012, the court dismissed Plaintiff's claims with prejudice and entered judgment against Plaintiff. (Filing Nos. 73 and 74. ) On August 3, 2012, Plaintiff filed a Notice of Appeal of the court's Judgment. (Filing No. 75. ) Plaintiff is not a prisoner and has previously been granted leave to proceed IFP in this ma..
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MEMORANDUM AND ORDER
JOSEPH F. BATAILLON, District Judge.
This matter is before the court on Plaintiff's Motion for Leave to Appeal In Forma Pauperis. (Filing No. 76.) On July 5, 2012, the court dismissed Plaintiff's claims with prejudice and entered judgment against Plaintiff. (Filing Nos. 73 and 74.) On August 3, 2012, Plaintiff filed a Notice of Appeal of the court's Judgment. (Filing No. 75.) Plaintiff is not a prisoner and has previously been granted leave to proceed IFP in this matter. (Filing No. 5.)
As set forth in Federal Rule of Appellate Procedure 24(a)(3):
(a) Leave to Proceed in Forma Pauperis ....
(3) Prior Approval. A party who was permitted to proceed in forma pauperis in the district-court action, or who was determined to be financially unable to obtain an adequate defense in a criminal case, may proceed on appeal in forma pauperis without further authorization, unless 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. In that event, the district court must state in writing its reasons for the certification or finding.
The court finds that because Plaintiff proceeded IFP in the district court, he may now "proceed on appeal in forma pauperis without further authorization."
IT IS THEREFORE ORDERED that:
1. Plaintiff's Motion for Leave to Appeal In Forma Pauperis (filing no. 76) is granted.
2. The Clerk of the court shall provide the Court of Appeals with a copy of this Memorandum and Order.
Source: Leagle
