Tyler v. Caniglia

Filing 12

MEMORANDUM AND ORDER that on the court's own motion, Plaintiff is permitted leave to appeal in forma pauperis; and The Clerk of the court shall provide the Court of Appeals with a copy of this Memorandum and Order. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed/e-mailed to pro se party)(ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BILLY TYLER,
Plaintiff,
v.
JOSEPH CANIGLIA,
Defendant.

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CASE NO. 4:11CV3154

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s Notice of Appeal. (Filing No. 10.) On
December 5, 2011, the court dismissed Plaintiff’s claims without prejudice and entered
judgment against Plaintiff. (Filing Nos. 8 and 9.) On December 15, 2011, Plaintiff filed a
Notice of Appeal of the court’s Judgment. (Filing No. 10.) 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.

On the court’s own motion, Plaintiff is permitted leave to appeal in forma
pauperis; and

2.

The Clerk of the court shall provide the Court of Appeals with a copy of this
Memorandum and Order.

DATED this 12th day of January, 2012.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge

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