Mumin v. Gage

Filing 59

MEMORANDUM AND ORDER - Petitioner may proceed in forma pauperis on appeal. The court in its Order and Judgment dated March 24, 2017, 52 informed Petitioner that it would not issue a certificate of appealability in this matter. Accordingly, his re quest for a certificate (Filing No. 57 ) is denied. The clerk of the 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 and provided as directed)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DUKHAN MUMIN,
Petitioner,

4:16CV3033

vs.
MEMORANDUM
AND ORDER

SCOTT FRAKES,
Respondent.

Petitioner filed a Notice of Appeal (Filing No. 57) on March 31, 2017.
Petitioner appeals from the court’s Order and Judgment dated March 24, 2017
(Filing No. 52; Filing No. 53). He also requests a certificate of appealability.
(Filing No. 57.)
As set forth in Federal Rule of Appellate Procedure 24(a)(3)(A):
(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 Petitioner 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: Petitioner may proceed in forma
pauperis on appeal. The court in its Order and Judgment dated March 24, 2017,
informed Petitioner that it would not issue a certificate of appealability in this
matter. Accordingly, his request for a certificate (Filing No. 57) is denied. The
clerk of the court shall provide the Eighth Circuit Court of Appeals with a copy of
this order.
Dated this 3rd day of April, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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