Lewis v. State of Nebraska

Filing 21

MEMORANDUM AND ORDER granting 20 Motion for Leave to Appeal in forma pauperis. The Clerk of the court shall provide the Court of Appeals a copy of this Memorandum and Order. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party) (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ERIC F. LEWIS,
Petitioner,
v.
STATE OF NEBRASKA,
Respondent.

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4:12CV3238

MEMORANDUM
AND ORDER

This matter is before the court on Petitioner’s Motion for Leave to Appeal in
forma pauperis (“IFP”). (Filing No. 20.) On August 29, 2013, the court dismissed
Petitioner’s habeas corpus claims and entered Judgment against him. (Filing Nos. 17
and 18.) In doing so, the court informed Petitioner that it would not issue a certificate
of appealability in this case. (Filing No. 17 at CM/ECF p. 6.) Thereafter, Petitioner
filed a timely Notice of Appeal and the pending IFP Motion. (Filing Nos. 19 and 20.)
Petitioner has previously been granted leave to proceed IFP. (Filing No. 6.)
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:
(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.
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 IFP (filing no. 20) is granted.

2.
The Clerk of the court shall provide the Court of Appeals a copy of this
Memorandum and Order.
DATED this 2nd day of October, 2013.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge

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