Fleming v. Wolfe

Filing 18

MEMORANDUM AND ORDER - Petitioners Motion for Leave to Appeal in Forma Pauperis (filing no. 16 ) is granted. The Clerk of the court shall provide the Court of Appeals a copy of thisMemorandum and Order. All other relief requested by Petitioner, including any and all relief sought pursuant to the "International Covenant on Civil and Political Rights" is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RICHARD M. FLEMING,
Petitioner,
v.
MICHELLE WOLFE,
Respondent.

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4:12CV3036

MEMORANDUM
AND ORDER

This matter is before the court on Petitioner’s Motion for Leave to Appeal In
Forma Pauperis. (Filing No. 16.) Petitioner is a prisoner who was previously granted
leave to proceed IFP. (Filing No. 12.) Federal Rule of Appellate Procedure 24(a)(3)
states:
(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 and states in writing its
reasons for the certification or finding[.]
Id. The court finds that, because Petitioner was previously given leave to proceed
IFP, he may now “proceed on appeal in forma pauperis without further authorization”
in accordance with Federal Rule of Appellate Procedure 24.
IT IS THEREFORE ORDERED that:

1.

Petitioner’s Motion for Leave to Appeal in Forma Pauperis (filing no. 16)

is granted.
2.

The Clerk of the court shall provide the Court of Appeals a copy of this

Memorandum and Order.
3.

All other relief requested by Petitioner, including any and all relief

sought pursuant to the “International Covenant on Civil and Political Rights” is
denied.
DATED this 11th day of May, 2012.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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