Gilliehan v. St. Charles County Court et al

Filing 25

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis on appeal [ECF No. 23 ] is DENIED. IT IS FURTHER ORDERED that plaintiff's "Motion to Proceed Notice of Appeal" [ECF No. 24 ] is DEN IED as moot. IT IS FURTHER ORDERED that plaintiff shall file any future documents or pleadings in connection with his appeal directly with the United States Court of Appeals for the Eighth Circuit. Signed by District Judge Ronnie L. White on February 7, 2024. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
FARLAND L. GILLIEHAN,
Plaintiff,
v.
ST. CHARLES COUNTY COURT, et al.,
Defendants.

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No. 4:23-CV-1022 RLW

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion to proceed in forma pauperis on appeal.
[ECF No. 23]. Also before the Court is plaintiff’s pro se “Motion to Proceed Notice of Appeal.”
[ECF No. 24].
When the Court dismissed this action, it certified in writing that an appeal would not be
taken in good faith. See ECF Nos. 16 & 17; 28 U.S.C. § 1915(a)(3). It is not apparent that plaintiff
now seeks appellate review of any issue that is not frivolous. See Coppedge v. United States, 369
U.S. 438, 445 (1962). As a result, the Court will deny the motion to proceed in forma pauperis on
appeal. See ECF No. 23.
The Court will deny plaintiff’s pro se “Motion to Proceed Notice of Appeal” as moot. No
briefing is required in this Court relative to a notice of appeal. Plaintiff previously filed his Notice
of Appeal on February 5, 2024. See ECF No. 22.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis on
appeal [ECF No. 23] is DENIED.

IT IS FURTHER ORDERED that plaintiff’s “Motion to Proceed Notice of Appeal” [ECF
No. 24] is DENIED as moot.
IT IS FURTHER ORDERED that plaintiff shall file any future documents or pleadings
in connection with his appeal directly with the United States Court of Appeals for the Eighth
Circuit.
Dated this 7th day of February, 2024.

RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE

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