Thomas v. Houston
ORDER granting petitioner leave to proceed on appeal in forma pauperis. Ordered by Judge Joseph F. Bataillon. (GJG) Modified on 8/19/2013 to remove text that copy mailed to pro se party (GJG).
UNITED STATES DISTRICT COURT
DISTRICT OF NEBRASKA
OFFICE OF THE CLERK
Denise M. Lucks
Clerk of Court
The Honorable Judge Joseph F. Bataillon
Clerk, U.S. District Court
August 19, 2013
M. Therese Bollerup
Chief Deputy Clerk
4:11cv3161 Thomas v. Houston
A party, who has been given permission to proceed in forma pauperis or who is financially unable
to obtain an adequate defense in a criminal case, has filed a notice of appeal. Pursuant to the third
paragraph of FRAP 24(a), a party may proceed on appeal in forma pauperis without further
authorization unless the district judge certifies that the appeal is not taken in good faith or finds that
the party is otherwise not entitled to proceed on appeal in forma pauperis. The district judge shall
state in writing the reasons for such a certification or finding.
Please advise the clerk's office of how you intend to proceed so that we may process this appeal:
No order will be entered in this case, and the party is permitted to proceed
on appeal in forma pauperis. (An order regarding certificate of appealability
has already been entered in this matter.)
An order will be entered finding that the party is not entitled to proceed in
An order will be entered, and the party is permitted to proceed on appeal in
An order will be entered in this § 2254 or § 2255 case regarding certificate
DATED this 19th day of August, 2013.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge
Additional Requirement for State Habeas or § 2255 Cases
Pursuant to Rule 22(b) of the Federal Rules of Appellate Procedure and 28 U.S.C. § 2253 (c), the
district judge who rendered the judgment shall either issue a certificate of appealability or state the
reasons why such a certificate should not be issued.
Transmission of the notice of appeal to the Court of Appeals will be delayed until this court rules
on the party's in forma pauperis status and the certificate of appealability.
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