Montin v. Estate of Dale Johnson et al
Filing
124
MEMORANDUM AND ORDER granting 123 Plaintiff's Motion for Leave to Appeal in forma pauperis. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOHN MAXWELL MONTIN,
Plaintiff,
4:07CV3271
vs.
MEMORANDUM AND ORDER
BILL GIBSON,
Defendant.
This matter is before the court on Plaintiff’s Motion for Leave to Appeal In Forma
Pauperis. (Filing No. 123.) On June 12, 2012, the court dismissed Plaintiff’s claims with
prejudice and entered judgment against Plaintiff. (Filing Nos. 120 and 121). On June 28,
2012, Plaintiff filed a Notice of Appeal of the court’s Judgment. (Filing No. 122.)
Plaintiff is not a prisoner and has previously been granted leave to proceed IFP in this
matter. (Filing No. 123.)
As set forth in Federal Rule of Appellate Procedure 24(a)(3):
(a) Leave to Proceed in Forma Pauperis ....
(3) Prior Approval. A party who was permitted to proceed in forma
pauperis in the district-court action, or who was determined to be
financially unable to obtain an adequate defense in a criminal case, may
proceed on appeal in forma pauperis without further authorization, unless
the district court – before or after the notice of appeal is filed– certifies that
the appeal is not taken in good faith or finds that the party is not otherwise
entitled to proceed in forma pauperis. In that event, the district court must
state in writing its reasons for the certification or finding.
The court finds that because Plaintiff proceeded IFP in the district court, he may
now “proceed on appeal in forma pauperis without further authorization.”
IT IS THEREFORE ORDERED that:
1.
2.
Plaintiff’s Motion for Leave to Appeal In Forma Pauperis (filing no. 123) is
granted.
The Clerk of the court shall provide the Court of Appeals with a copy of
this Memorandum and Order.
July 2, 2012.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge
2
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