Bond v. Union Pacific Railroad

Filing 13

MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Appeal IFP (Filing No. 12 ) is granted. The Clerk of the court shall provide the Court of Appeals with a copy of this Memorandum and Order. Ordered by Judge Laurie Smith Camp. (Copy mailed/e-mailed to pro se party) (AOA)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA BRETT BOND, Plaintiff, v. UNION PACIFIC RAILROAD, Defendant. ) ) ) ) ) ) ) ) ) CASE NO. 4:10CV3173 MEMORANDUM AND ORDER This matter is before the court on Plaintiff’s Motion for Leave to Appeal in forma pauperis. (Filing No. 12.) On April 18, 2011, the court dismissed Plaintiff’s claims without prejudice and entered Judgment against him. (Filing Nos. 8 and 9.) Plaintiff filed a timely Notice of Appeal of the court’s Judgment. (Filing No. 10.) Plaintiff is a non-prisoner and has not previously been granted leave to proceed in forma pauperis (“IFP”) in this matter. As set forth in Federal Rule of Appellate Procedure 24(a)(1): Except as stated in Rule 24(a)(3), a party to a district-court action who desires to appeal in forma pauperis must file a motion in the district court. The party must attach an affidavit that: (A) shows in the detail prescribed by Form 4 of the Appendix of Forms the party’s inability to pay or to give security for fees and costs; (B) claims an entitlement to redress; and (C) states the issues that the party intends to present on appeal. Fed. R. App. P. 24(a)(1). The court has carefully reviewed the record. Plaintiff has filed an Affidavit to proceed without payment of fees that declares he is entitled to the relief sought in his Complaint. (Filing No. 12.) Therefore, Plaintiff’s Motion for Leave to Appeal IFP is granted. IT IS THEREFORE ORDERED that: 1. Plaintiff’s Motion for Leave to Appeal IFP (Filing No. 12) is granted; and 2. The Clerk of the court shall provide the Court of Appeals with a copy of this Memorandum and Order. DATED this 2nd day of May, 2011. BY THE COURT: s/Laurie Smith Camp United States District Judge *This opinion may contain hyperlinks to other documents or Web sites. The U.S. District Court for the District of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide on their Web sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the court. 2

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