Montin v. Moore et al

Filing 97

ORDER that plaintiff's motion for leave to appeal IFP #95 is granted. Ordered by Senior Judge Lyle E. Strom. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOHN MAXWELL MONTIN,
Plaintiff,
v.
Y. SCOTT MOORE, et al.,
Plaintiffs.

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4:14CV3142

ORDER

This matter is before the Court on plaintiff’s motion
for leave to appeal in forma pauperis (“IFP”)(Filing No. 95).
The plaintiff has not previously been granted leave to proceed
IFP in this matter.

After reviewing the motion and the

applicable law, the Court will grant the plaintiff’s motion for
leave to appeal IFP.
As set forth in Federal Rule of Appellate Procedure
24(a)(1):
Except as stated in Rule 24(a)(3),
a party to a district-court action
who desires to appeal in forma
pauperis must file a motion in the
district court. The party must
attach an affidavit that:
(A) shows in the detail
prescribed by Form 4 of the
Appendix of Forms the party’s
inability to pay or to give
security for fees and costs;
(B) claims an entitlement to
redress; and

(C) states the issues that the
party intends to present on appeal.
Fed. R. App. P. 24(a)(1).

In light of the information provided

by the plaintiff in his motion for leave to appeal IFP (Filing
No. 95), and pursuant to Federal Rule of Appellate Procedure
24(a), the Court concludes that the plaintiff may proceed IFP on
appeal.

Accordingly,
IT IS ORDERED that plaintiff’s motion for leave to

appeal IFP (Filing No. 95) is granted.
DATED this 3rd day of March, 2016.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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