Brantely v. BNSF Railway Company

Filing 73

MEMORANDUM AND ORDER -Plaintiff's Motion for Leave to Appeal IFP (filing no. 72 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 Richard G. Kopf. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KENNETH BRANTLEY,
Plaintiff,
v.
BNSF RAILWAY COMPANY,
Defendant.

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4:12CV3215

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s Notice of Appeal and Motion for
Leave to Appeal in forma pauperis (“IFP”). (Filing Nos. 71 and 72.) On March 4,
2014, the court dismissed Plaintiff’s claims and entered Judgment against him. (Filing
Nos. 67 and 68.) Plaintiff filed a timely Notice of Appeal of the court’s Judgment.
(Filing No. 71.) Plaintiff is a non-prisoner and has previously been granted leave to
proceed in forma pauperis in this matter. (Filing No. 5.)
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:
(A) 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; or
(B) a statute provides otherwise.

The court finds that because Plaintiff proceeded in forma pauperis in the district
court, he may now “proceed on appeal in forma pauperis without further
authorization.” Id.
IT IS THEREFORE ORDERED that:
1.

Plaintiff’s Motion for Leave to Appeal IFP (filing no. 72) is granted.

2.
The Clerk of the court shall provide the Court of Appeals with a copy of
this Memorandum and Order.
DATED this 13th day of March, 2014.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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