Hunt v. Dept. Of Veterans' Affairs et al
MEMORANDUM AND ORDER - Plaintiff is permitted leave to appeal in forma pauperis. The Clerk of the court shall provide the Court of Appeals with a copy of this Memorandum and Order regarding: Notice of Appeal to USCA 106 filed by Steven M. Hunt. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(KBJ)
-PRSE Hunt v. United States of America
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA STEVEN M. HUNT, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) 4:09CV3134
MEMORANDUM AND ORDER
This matter is before the court on Plaintiff's Notice of Appeal. (Filing No. 106.) On October 29, 2010, the court dismissed Plaintiff's claims and entered judgment against Plaintiff. (Filing Nos. 104 and 105.) On November 8, 2010, Plaintiff filed a Notice of Appeal of the court's Judgment. (Filing No. 106.) However, Plaintiff did not submit the appellate filing fee or a motion for leave to proceed in forma pauperis ("IFP"). (Filing No. 107.) Plaintiff is not a prisoner and has previously been granted leave to proceed IFP in this matter. (Filing No. 7.) 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. Plaintiff is permitted leave to appeal in forma pauperis.
2. The Clerk of the court shall provide the Court of Appeals with a copy of this Memorandum and Order. DATED this 30th day of November, 2010. BY THE COURT:
s/ Joseph F. Bataillon Chief United States District Judge
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