Tyler v. EPA

Filing 14

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff is granted leave to appeal in forma pauperis. The Clerk of the court shall provide the Court of Appeals with a copy of this Memorandum and Order. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party and as directed)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BILLY TYLER,
Plaintiff,
v.
EPA,
Defendant.

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4:13CV3119

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s Notice of Appeal. (Filing No. 12.)
On December 30, 2013, the court dismissed Plaintiff’s claims and entered Judgment
against him. (Filing Nos. 10 and 11.) Plaintiff filed a timely Notice of Appeal of the
court’s Judgment. (Filing No. 12.) Plaintiff is a non-prisoner and has previously
been granted leave to proceed in forma pauperis in this matter. (Filing No. 8.)
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 is granted leave to appeal in forma pauperis.

2.
The Clerk of the court shall provide the Court of Appeals with a copy of
this Memorandum and Order.
DATED this 4th day of February, 2014.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge

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