Hill v. United States of America

Filing 37

MEMORANDUM AND ORDER denying as moot 36 MOTION for Leave to Appeal In Forma Pauperis filed by Gerald Hill.Signed by Judge J. Phil Gilbert on 2/27/2014. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
GERALD HILL,
Plaintiff,
vs.

Case No. 13-cv-307-JPG-PMF

UNITED STATES OF AMERICA,
Defendant.

MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Gerald Hill’s motion to proceed on
appeal in forma pauperis (Doc. 36). Hill 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 Hill should not be allowed to continue as a pauper, and no
statute forbids it. Therefore, Hill already has the authorization he needs, and the motion for
leave to appeal in forma pauperis (Doc. 36) is DENIED as moot.

IT IS SO ORDERED.
DATED: February 27, 2014
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE