Thomas v. Houston

Filing 49

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).

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UNITED STATES DISTRICT COURT DISTRICT OF NEBRASKA OFFICE OF THE CLERK Denise M. Lucks Clerk of Court TO: The Honorable Judge Joseph F. Bataillon FROM: Clerk, U.S. District Court Gale Gomez DATE: August 19, 2013 SUBJECT: 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: X 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 forma pauperis. An order will be entered, and the party is permitted to proceed on appeal in forma pauperis. An order will be entered in this § 2254 or § 2255 case regarding certificate of appealability. 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. Approved Date: 01/25/08 111 South 18th Plaza, Suite 1152 Omaha, NE 68102-1322 (402) 661-7350 Fax: (402) 661-7387 Toll Free: (866) 220-4381 Forms-Appeal-Memo_IFP_Prisoner_to_Judge_Criminal 100 Centennial M all North, Room 593 Lincoln, NE 68508-3803 (402) 437-1900 Fax: (402) 437-1911 Toll Free: (866) 220-4379

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