Ditter v. Nebraska Department of Correctional Services et al

Filing 107

ORDER - Plaintiff's Motion for Leave to Appeal In Forma Pauperis (Filing No. 103 ) is denied as moot for the reason that Plaintiff's appellate filing fee has been paid. Plaintiff's Motion to Appoint Counsel (Filing No. 106 ) is refer red to the Eighth Circuit Court of Appeals for disposition. The Clerk of Court shall send a copy of this Order and Plaintiff's Motion to Appoint Counsel (Filing No. 106 ) to the Eighth Circuit Court of Appeals for disposition. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DAVID DITTER,

)
)
Plaintiff,
)
)
v.
)
)
NEBRASKA DEPARTMENT OF
)
CORRECTIONAL SERVICES,
)
SCOTT FRAKES, in his individual & )
official capacity, RANDY T. KOHL, )
MD, in his individual & official
)
capacity, CORRECT CARE
)
SOLUTIONS, RONALD OGDEN,
)
DDS, in his individual & official
)
capacity, and LISA MATHEWS, in
)
her individual & official capacity,
)
)
Defendants.
)
)

4:16CV3159

ORDER

Judgment was entered in this case on May 11, 2018, and Plaintiff filed a Notice
of Appeal, along with the $505.00 appellate filing fee, on June 11, 2018. (Filing Nos.
101 & 102.) Also on June 11, 2018, Plaintiff filed a Motion for Leave to Appeal In
Forma Pauperis. (Filing No. 103.) Because Plaintiff’s appellate filing fee has been
paid, Plaintiff’s Motion for Leave to Appeal In Forma Pauperis (Filing No. 103) will
be denied as moot.
On June 14, 2018, Plaintiff filed a Motion to Appoint Counsel (Filing No. 106).
Because this case is now on appeal, this motion will be forwarded to the Eighth
Circuit Court of Appeals for ruling. Accordingly,

IT IS ORDERED:
1.
Plaintiff’s Motion for Leave to Appeal In Forma Pauperis (Filing No.
103) is denied as moot for the reason that Plaintiff’s appellate filing fee has been paid;
2.
Plaintiff’s Motion to Appoint Counsel (Filing No. 106) is referred to the
Eighth Circuit Court of Appeals for disposition; and
3.
The Clerk of Court shall send a copy of this Order and Plaintiff’s Motion
to Appoint Counsel (Filing No. 106) to the Eighth Circuit Court of Appeals for
disposition.
DATED this 18th day of June, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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