Akins v. Bruning et al
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: 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 Joseph F. Bataillon. (Copy mailed to pro se party and as directed)(TCL)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SAMAR AKINS, in certification for
every African American man,
woman, and child in the state of
JON BRUNING, Attorney General,
DAVE HEINEMAN, Governor, and
CHRIS BEUTLER, Mayor, Lincoln,
This matter is before the court on Plaintiff’s Motion for Leave to Appeal in
Forma Pauperis (Filing No. 10). Plaintiff filed a Notice of Appeal (Filing No. 9) on
November 5, 2014. Plaintiff appeals from the court’s Memorandum and Order dated
October 7, 2014 (Filing No. 7), in which the court dismissed this matter without
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:
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.
DATED this 7th day of November, 2014.
BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge
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