Banks v. Bakewell et al

Filing 71

ORDER - Plaintiff's motion for leave to proceed in forma pauperis on appeal 70 is granted. The clerk of the court shall process the appeal and shall provide the Court of Appeals with a copy of this order. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ANTONIO BANKS,

)
)
Petitioner,
)
)
v.
)
)
SCOTT FRAKES, Director of
)
the Nebraska Department of
)
Corrections,
)
)
Defendant.
)
______________________________)

4:10CV3162

ORDER

This matter is before the Court on plaintiff’s motion
for leave to proceed in forma pauperis on appeal (Filing No. 70).
On July 15, 2016, the Court dismissed plaintiff’s claims and
entered judgment against him (Filing No. 67 and Filing No. 68).
On August 11, 2016, plaintiff filed a timely notice of appeal of
the judgment (Filing No. 69).

Plaintiff 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 plaintiff may now proceed on
appeal in forma pauperis without further authorization.
IT IS ORDERED:
1)

Plaintiff’s motion for leave to proceed in forma

pauperis on appeal is granted.
2)

The clerk of the court shall process the appeal

and shall provide the Court of Appeals with a copy of this order.
DATED this 18th day of August, 2016.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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