Sorenson v. Minnesota Department of Human Services ("MDHS") et al

Filing 32

ORDER granting 25 Application on Proceed in District Court without Prepaying Fees or Costs; granting 26 Application on Proceed in District Court without Prepaying Fees or Costs (Written Opinion). Signed by Judge Ann D. Montgomery on 06/04/2015. (TLU)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Eric Michael Sorenson,
Plaintiff,
v.

ORDER
Civil No. 15-1573 ADM/LIB

Minnesota Department of
Human Services et al.,
Defendants.
______________________________________________________________________________
Eric Michael Sorenson, pro se.
______________________________________________________________________________

This matter is before the undersigned United States District Judge for consideration of
Eric Michael Sorenson’s (“Sorenson”) Motion to Proceed In Forma Pauperis Status on Appeal to
the Eighth Circuit [Docket No. 25] and Application/Affidavit for IFP/COA to Waive Court Costs
and Fees for Leave to Proceed in the Eighth Circuit Court of Appeals [Docket No. 26].
Sorenson requests to appeal this Court’s ruling denying his motion to appoint counsel
and to proceed in forma pauperis on appeal. Upon considering the Eighth Circuit precedent
cited by Sorenson, the Court finds that Sorenson may immediately appeal the denial of his
motion to appoint counsel in this 42 U.S.C. § 1983 action. See Bowman v. Bowersox, 467 Fed.
Appx. 535 (8th Cir. 2012) (citing Slaughter v. City of Maplewood, 731 F.2d 587, 588–89 (8th
Cir. 1984) (holding that a denial of a motion to appoint counsel may be immediately appealed in
a Section 1983 action pursuant to the collateral-order doctrine)).
Accordingly, based upon the foregoing, and all the files, records, and proceedings herein,
IT IS HEREBY ORDERED that Sorenson’s motion and application to proceed IFP on appeal

[Docket Nos. 25 and 26] are granted.
BY THE COURT:

s/Ann D. Montgomery
ANN D. MONTGOMERY
U.S. DISTRICT JUDGE
Dated: June 4, 2015.

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