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Wiand v. Harmon, 3:16-CV-2363-M (BT). (2018)

Court: District Court, N.D. Texas Number: infdco20180531e80 Visitors: 4
Filed: May 30, 2018
Latest Update: May 30, 2018
Summary: ORDER REBECCA RUTHERFORD , Magistrate Judge . Before the Court is Plaintiff Melvin Wiand's Response to Magistrate Judge's Findings, Conclusions, and Recommendation [ECF No. 49], filed on May 21, 2018. In his "response," Plaintiff sets forth his issues for appeal and attaches a Form 4 Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis, which shows that Plaintiff lacks sufficient resources to pay the filing fee on appeal due to his medical bills. See Affidavit 5 & 7
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ORDER

Before the Court is Plaintiff Melvin Wiand's Response to Magistrate Judge's Findings, Conclusions, and Recommendation [ECF No. 49], filed on May 21, 2018. In his "response," Plaintiff sets forth his issues for appeal and attaches a Form 4 Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis, which shows that Plaintiff lacks sufficient resources to pay the filing fee on appeal due to his medical bills. See Affidavit 5 & 7 [ECF No. 49]. Therefore, the Court VACATES its Findings, Conclusions, and Recommendation [ECF No. 48] which recommended that the District Court deny without prejudice Plaintiff's request to proceed in forma pauperis on appeal [ECF No. 47], and Plaintiff's request to proceed in forma pauperis on appeal is GRANTED.

SO ORDERED.

Source:  Leagle

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