Brooks v. Seaman et al

Filing 12

MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Appeal in Forma Pauperis (Filing No. 9 ) 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) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CLINTON BROOKS, JR.,
Plaintiff,

4:17CV3015

vs.
BENJAMIN SEAMAN, Lincoln Police
Officer; JANE BURKES, of the
Nebraska Bar Association In their
Official and Individual Capacities; and
TERESA RICHARD,

MEMORANDUM
AND ORDER

Defendants.
This matter is before the court on Plaintiff’s Motion for Leave to Appeal in
Forma Pauperis (Filing No. 9). Plaintiff filed a Notice of Appeal (Filing No. 8) on
April 27, 2017. Plaintiff appeals from the court’s Memorandum and Order dated
March 30, 2017 (Filing No. 6), in which the court dismissed this matter with
prejudice.
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.
9) is granted.
2.
The Clerk of Court shall provide the Eighth Circuit Court of Appeals
with a copy of this order.
Dated this 2nd day of May, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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