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)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BRETT BOND,
Plaintiff,
v.
UNION PACIFIC RAILROAD,
Defendant.

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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

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