Valentine v. Villwok, 8:16CV131 (2018)
Court: District Court, D. Nebraska
Number: infdco20180301n83
Visitors: 12
Filed: Feb. 28, 2018
Latest Update: Feb. 28, 2018
Summary: MEMORANDUM AND ORDER LAURIE SMITH CAMP , District Judge . This matter is before the Court on Plaintiff's Motion for Leave to Appeal in Forma Pauperis. ECF No. 226 in Case No. 8:16cv131 and ECF No. 221 in Case No. 8:16cv174. 1 Judgment was entered in favor of the Defendants, Lisa Villwok and Jennifer Hansen, on February 21, 2018. ECF No. 220. Plaintiff filed a timely Notice of Appeal on February 22, 2018. ECF No. 224. Plaintiff is a non-prisoner who was previously granted leave to proceed i
Summary: MEMORANDUM AND ORDER LAURIE SMITH CAMP , District Judge . This matter is before the Court on Plaintiff's Motion for Leave to Appeal in Forma Pauperis. ECF No. 226 in Case No. 8:16cv131 and ECF No. 221 in Case No. 8:16cv174. 1 Judgment was entered in favor of the Defendants, Lisa Villwok and Jennifer Hansen, on February 21, 2018. ECF No. 220. Plaintiff filed a timely Notice of Appeal on February 22, 2018. ECF No. 224. Plaintiff is a non-prisoner who was previously granted leave to proceed in..
More
MEMORANDUM AND ORDER
LAURIE SMITH CAMP, District Judge.
This matter is before the Court on Plaintiff's Motion for Leave to Appeal in Forma Pauperis. ECF No. 226 in Case No. 8:16cv131 and ECF No. 221 in Case No. 8:16cv174.1 Judgment was entered in favor of the Defendants, Lisa Villwok and Jennifer Hansen, on February 21, 2018. ECF No. 220. Plaintiff filed a timely Notice of Appeal on February 22, 2018. ECF No. 224. Plaintiff is a non-prisoner who was previously granted leave to proceed in forma pauperis in this matter. ECF Nos. 5, 7, 14. As set forth in Federal Rule of Appellate Procedure 24(a)(3):
A party who was permitted to proceed in forma pauperis in the districtcourt 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:
(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; or
(B) a statute provides otherwise.
The Court finds that because Plaintiff proceeded in forma pauperis in the district court, she may now proceed on appeal in forma pauperis without further authorization. Accordingly,
IT IS ORDERED:
1. Plaintiff's Motion for Leave to Appeal in Forma Pauperis, ECF No. 226 in Case No. 8:16cv131 and ECF No. 221 in Case No. 8:16cv174, is granted; and
2. The Clerk of the court shall provide the Eighth Circuit Court of Appeals with a copy of this Memorandum and Order.
FootNotes
1. For the remainder of this Memorandum and Order, citations to the record will correspond with
Source: Leagle
