Akins v. Albers et al

Filing 13

MEMORANDUM AND ORDER granting 12 Motion for Leave to Appeal in forma pauperis. The clerk of the court shall provide the Eighth Circuit Court of Appeals with a copy of this order. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party and as directed) (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SAMAR AKINS,
Plaintiff,
v.
KIMBERLY TAYLOR RILEY,
LYNN QUENZER, and JOE
KELLY,
Defendants.

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4:14CV3150

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s Motion for Leave to Appeal in
Forma Pauperis (Filing No. 12). Plaintiff filed a Notice of Appeal (Filing No. 11) on
March 17, 2015. Plaintiff appeals from the court’s Memorandum and Order dated
March 2, 2015 (Filing No. 9), in which the court dismissed this matter without
prejudice because Plaintiff failed to prosecute it diligently and failed to comply with
this court’s orders.
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.
Plaintiff’s Motion for Leave to Appeal in Forma Pauperis (Filing No. 12)
is granted.
2.
The clerk of the court shall provide the Eighth Circuit Court of Appeals
with a copy of this order.
DATED this 18th day of March, 2015.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

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