Woolman v. The Lodge et al

Filing 11

MEMORANDUM AND ORDER - IT IS ORDERED: Plaintiff's Motion for Leave to Appeal In Forma Pauperis (Filing No. 10 ) is granted. The clerk of the court shall provide the Court of Appeals with a copy of this Memorandum and Order. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MICHAEL B. WOOLMAN,

)
)
Plaintiff,
)
)
v.
)
)
THE LODGE and PERRY REID
)
PROPERTIES,
)
)
Defendants.
)
______________________________)

4:12CV3172

MEMORANDUM AND ORDER

This matter is before the Court on plaintiff’s Motion
for Leave to Appeal In Forma Pauperis (Filing No. 10).

On

September 5, 2012, the Court dismissed plaintiff’s claims without
prejudice (Filing No. 7) and entered judgment against plaintiff
(Filing No. 8).

On September 27, 2012, plaintiff filed a Notice

of Appeal of the judgment (Filing No. 9).

Plaintiff is not a

prisoner and has previously been granted leave to proceed IFP in
this matter (Filing No. 6).
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 ORDERED:
1.

Plaintiff’s Motion for Leave to Appeal In Forma

Pauperis (Filing No. 10) is granted.
2.

The clerk of the court shall provide the Court of

Appeals with a copy of this Memorandum and Order.
DATED this 2nd day of October, 2012.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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