Lumanga v. Bishop et al

Filing 14

MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Appeal in Forma Pauperis (Filing No. 13 ) is granted. The Clerk of the court shall provide the Eighth Circuit Court of Appeals with a copy of this Memorandum and Order. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party and transmitted to the Court of Appeals)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LORUWE LUKUDA LUMANGA,
Plaintiff,
v.
RIKO BISHOP, et al.,
Defendants.

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CASE NO. 4:13CV3213

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s Motion for Leave to Appeal in Forma
Pauperis. (Filing No. 13.) The court dismissed Plaintiff’s claims without prejudice on April
14, 2014, and entered judgment against him. (Filing Nos. 10 and 11.) Plaintiff filed a
timely Notice of Appeal on April 16, 2014. (Filing No. 12.) Plaintiff is a nonprisoner who
was previously granted leave to proceed in forma pauperis 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:
(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. 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 THEREFORE ORDERED that:
1.

Plaintiff’s Motion for Leave to Appeal in Forma Pauperis (Filing No. 13) is
granted; and

2.

The Clerk of the court shall provide the Eighth Circuit Court of Appeals with
a copy of this Memorandum and Order.

DATED this 21st day of April, 2014.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge

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