Payne v. Britten et al

Filing 159

ORDER that the Plaintiff's Motion for Extension (Filing 157 ) is granted. If Plaintiff wishes to withdraw his Notice of Appeal (Filing 152 ) and Motion for Leave to Proceed in Forma Pauperis on Appeal (Filing 153 ), Plaintiff shall inform the court of such withdrawal on or before January 4, 2016, in the absence of which Plaintiff's appeal shall be processed. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHRISTOPHER M. PAYNE,
Plaintiff,
v.
FRED BRITTEN, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

4:11CV3017

ORDER

On November 18, 2015, and upon Plaintiff’s filing of a Notice of Appeal
(Filing 152) and Motion for Leave to Proceed in Forma Pauperis on Appeal (Filing
153), I advised Plaintiff that the filing a notice of appeal means he will be consenting
to the deduction of a $505.00 appellate filing fee from his prison account by prison
officials. (Filing 155.) I further advised Plaintiff that if he wishes to withdraw his
Notice of Appeal (Filing 152) and Motion for Leave to Proceed in Forma Pauperis on
Appeal (Filing 153), Plaintiff shall inform the court of such withdrawal within 10 days
of the date of that order.
Plaintiff has filed a Motion for Extension (Filing 157) of time within which to
file his notice of withdrawal, stating that he is negotiating with Defendants regarding
a settlement to withdraw Plaintiff’s appeal. I shall grant Plaintiff’s motion.
IT IS ORDERED:
1.

Plaintiff’s Motion for Extension (Filing 157) is granted;

2.
If Plaintiff wishes to withdraw his Notice of Appeal (Filing 152) and
Motion for Leave to Proceed in Forma Pauperis on Appeal (Filing 153), Plaintiff shall

inform the court of such withdrawal on or before January 4, 2016, in the absence of
which Plaintiff’s appeal shall be processed.
DATED this 2nd day of December, 2015.
BY THE COURT:
Richard G. Kopf
Senior 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