Brown v. Nebr. Dept. of Correctional Svs.. et al

Filing 13

MEMORANDUM AND ORDER - On the court's own motion, Plaintiff is granted leave to proceed on appeal in forma pauperis. The Clerk of the court shall provide the Eighth Circuit Court of Appeals with a copy of this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CORNELIUS BROWN,
Plaintiff,
v.
PAUL RODREGUIEZ, Case
Manager et al.,
Defendant.

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4:14CV3071

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. Plaintiff filed a Notice of
Appeal on July 8, 2014. (Filing No. 11.) Plaintiff appeals from the court’s
Memorandum and Order of June 24, 2014, in which the court, among other things,
dismissed Plaintiff’s claims for injunctive relief. (Filing No. 9.) The court previously
determined that Plaintiff, who is residing at the Norfolk Regional Center as a civilly
committed sex offender, is a nonprisoner for purposes of this action. (See 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 and states 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.
On the court’s own motion, Plaintiff is granted leave to proceed on
appeal in forma pauperis.
2.
The Clerk of the court shall provide the Eighth Circuit Court of Appeals
with a copy of this Memorandum and Order.
DATED this 9th day of July, 2014.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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