Sales v. Urankar et al

Filing 32

MEMORANDUM AND ORDER, denying as moot 31 MOTION for Leave to Appeal in forma pauperis filed by Andrew Sales. Signed by Judge J. Phil Gilbert on 7/7/09. (dka, )

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS ANDREW SALES, Plaintiff, v. JOHN URANKAR and GATEWAY AUTOMOTIVE, Defendants. MEMORANDUM AND ORDER This matter comes before the Court on plaintiff Andrew Sales's motion for leave to proceed in forma pauperis on appeal (Doc. 31). Sales does not need the Court's permission to proceed on appeal in forma pauperis because the Court determined at the trial level that he was permitted to proceed in forma pauperis. "A party who was permitted to proceed in forma pauperis in the district-court action . . . may proceed on appeal in forma pauperis without further authorization" unless the district court certifies or a statute provides otherwise. Fed. R. App. P. 24(a)(3). The Court has not and will not certify that Sales should not be allowed to continue as a pauper, and no statute forbids it. Therefore, Sales already has the authorization he needs, and the motion for leave to appeal in forma pauperis (Doc. 31) is DENIED as moot. IT IS SO ORDERED. DATED: July 7, 2009 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE Case No. 08-cv-884-JPG