Stokes v. White

Filing 80

ORDER that the Plaintiff's Motion for Leave to Appeal in Forma Pauperis (Filing No. 78 ) is granted. The Clerk of Court shall provide the Eighth Circuit Court of Appeals with a copy of this order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MICHAEL TEE STOKES SR.,
Plaintiff,
v.
SCOTT WHITE, and KEARNEY
COUNTY, NEBRASKA,
Defendants.

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4:16CV3027

ORDER

This court entered Judgment in this case on August 31, 2017, dismissing this
case without prejudice for failure to exhaust administrative remedies under the Prison
Litigation Reform Act. (Filing No. 74.) In its Judgment, the court inadvertently
neglected to warn Plaintiff that the filing of a notice of appeal will make him liable
for payment of the full $505.00 appellate filing fee regardless of the outcome of
the appeal. This is because the Prison Litigation Reform Act requires an incarcerated
civil appellant to pay the full amount of the $505.00 appellate filing fee by making
monthly payments to the court, even if he or she is proceeding in forma pauperis. 28
U.S.C. § 1915(b). By filing a notice of appeal, Plaintiff will be consenting to the
deduction of the $505.00 filing fee from his prison account by prison officials.
Without the benefit of the above information, Plaintiff filed a Notice of Appeal
on September 18, 2017. (Filing No. 75.) Out of an abundance of caution, the court
granted Plaintiff leave to withdraw his appeal in light of the above information, and
ordered Plaintiff to file, on or before October 6, 2017, a document indicating whether
he wishes to pursue his appeal in light of the fact that filing of a notice of appeal will
make him liable for payment of the full $505.00 appellate filing fee regardless of
the outcome of the appeal. (Filing No. 77 at CM/ECF p. 2.)

Plaintiff has now filed a Motion for Leave to Appeal In Forma Pauperis with
proper documentation. (Filing No. 78.) Pursuant to Federal Rule of Appellate
Procedure 24(a)(3), because Plaintiff proceeded in forma pauperis in the district court,
he may now proceed on appeal in forma pauperis without further authorization.
IT IS THEREFORE ORDERED that:
1.
is granted.

Plaintiff’s Motion for Leave to Appeal in Forma Pauperis (Filing No. 78)

2.
The Clerk of Court shall provide the Eighth Circuit Court of Appeals
with a copy of this order.
DATED this 10th day of October, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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