Taylor v. Holtmeyer et al
Filing
90
ORDER that the Plaintiff's motion to extend the deadline to file a notice of appeal (filing 86 ) is granted. The plaintiff's notice of appeal may be filed on or before June 22, 2016. Counsel's motion for reimbursement from the Feder al Practice Fund (filing 87 ) is granted. The Clerk of the Court shall to pay counsel the remaining $1,000 attorney's fee prescribed by the Federal Practice Fund Plan. The Clerk of the Court shall pay counsel the additional sum of $9 ,583 for incurred expenses. Counsel's motion to withdraw (filing 88 ) is granted. The Clerk of the Court is directed to provide a copy of this order to the plaintiff at his last known address. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(LAC)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DE-VAUNTE J. TAYLOR,
Plaintiff,
vs.
4:14-CV-3127
ORDER
JAMES E. HOLTMEYER,
Defendant.
This matter is before the Court on several motions filed by plaintiff's
appointed counsel: a motion to extend the deadline for the plaintiff to file a
notice of appeal (filing 86), a motion for reimbursement from the Federal
Practice Fund (filing 87), and a motion to withdraw (filing 88). Each motion
will be granted.
First, the Court finds that the plaintiff's circumstances, as set forth in
filing 86, present good cause for extending the time to file a notice of appeal.
See Fed. R. App. P. 4(1)(5). The plaintiff's notice of appeal may be filed on or
before June 22, 2016.1 The plaintiff is advised that should he move to
proceed in forma pauperis, he will be required pursuant to the Prison
Litigation Reform Act to pay the full amount of the $505.00 appellate filing
fee by making monthly payments to the Court. 28 U.S.C. § 1915(b). The Act
"makes prisoners responsible for their filing fees the moment the prisoner
brings a civil action or files an appeal." In re Tyler, 110 F.3d 528, 529 (8th
Cir. 1997). The appellate filing fee is assessed when the Court receives the
notice of appeal. Henderson v. Norris, 129 F.3d 481, 485 (8th Cir. 1997).
1
For the plaintiff's benefit, the Court notes that when
an inmate confined in an institution files a notice of appeal . . . the notice is
timely if it is deposited in the institution's internal mail system on or before
the last day for filing. If an institution has a system designed for legal mail,
the inmate must use that system to receive the benefit of this rule. Timely
filing may be shown by a declaration [that the statement is true and correct,
under penalty of perjury,] or by a notarized statement, either of which must
set forth the date of deposit and state that first-class postage has been
prepaid.
Fed. R. App. P. 4(c)(1); see also 28 U.S.C. § 1746.
Second, the Court has reviewed the plaintiff's request for
reimbursement from the Federal Practice Fund (filing 87), based on
materials that were presented to the Court ex parte for in camera review. The
Court finds that the claimant's purposes for incurring the expenses are
appropriate. The Court is also satisfied that other funds are unavailable to
pay these expenses, and that counsel kept the costs as low as possible.
Accordingly, the Court will grant the plaintiff's request. Specifically, the
Clerk of the Court will be directed to pay counsel the remaining $1,000
attorney's fee prescribed by the Federal Practice Fund Plan for representing
the plaintiff, and the Clerk of the Court will be directed to pay counsel the
sum of $9,583 for incurred expenses.
Finally, plaintiff's counsel has moved to withdraw. Filing 88. The Court
finds that the scope of its authority to appoint counsel, pursuant to NEGenR
1.7(g), is limited to proceedings before this Court, and those proceedings have
concluded. Accordingly, withdrawal is appropriate, and the Court will grant
counsel's request.
IT IS ORDERED:
1.
Plaintiff's motion to extend the deadline to file a notice of
appeal (filing 86) is granted.
2.
The plaintiff's notice of appeal may be filed on or before
June 22, 2016.
3.
Counsel's motion for reimbursement from the Federal
Practice Fund (filing 87) is granted.
4.
The Clerk of the Court shall to pay counsel the remaining
$1,000 attorney's fee prescribed by the Federal Practice
Fund Plan.
5.
The Clerk of the Court shall pay counsel the additional sum
of $9,583 for incurred expenses.
6.
Counsel's motion to withdraw (filing 88) is granted.
7.
The Clerk of the Court is directed to provide a copy of this
order to the plaintiff at his last known address.
-2-
Dated this 2nd day of May, 2016.
BY THE COURT:
John M. Gerrard
United States District Judge
-3-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?