Telford v. USA

Filing 63

ORDER - Plaintiff's motion (Filing No. 58 ) is denied. Plaintiff's motion (Filing No. 59 ) to file documents under seal is granted. The Clerk's office shall file the plaintiff's documents under seal. Plaintiff is permitted to proceed on appeal in forma pauperis. Ordered by Senior Judge Lyle E. Strom. (Copy e-mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HOLLIE TELFORD,

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Plaintiff,
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v.
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UNITED STATES OF AMERICA,
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Defendant.
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______________________________)

7:13CV5001

ORDER

Two matters are before the Court.

First, plaintiff

Telford seeks to compel the Court to disqualify itself and to
adopt her proposed findings of facts and conclusions of law
(Filing No. 58).

The Court will deny Telford’s motion.

Second, Telford seeks to file an affidavit and motion
to proceed in forma pauperis on appeal (Filing No. 59).

The

documents which Telford seeks to seal were not filed for
procedural reasons, namely, as a pro se litigant, she cannot file
documents under seal without leave of court.

The Court has

reviewed these documents and finds that the plaintiff has
satisfied the requirements for appeal.

See Fed. R. App. R.

24(a)(1)(A)-(C); Form 4 of the Appendix of Forms.

The Court

notes that Telford timely filed a notice of appeal, that failing
to timely pay the filing fee “does not affect the validity of the
appeal, but is ground only for such action as the court of
appeals deems appropriate, which may include dismissal of the

appeal,” and that case law shows that the failure to pay filing
fee does not constitute a jurisdictional defect.
Telechron, 349 U.S. 46 (1955).

Parissi v.

Therefore, the Court will grant

Telford’s motion to seal her motion to proceed in forma pauperis
and her affidavit in support of that motion.

Accordingly,

IT IS ORDERED:
1) Plaintiff’s motion (Filing No. 58) is denied.
2) Plaintiff’s motion (Filing No. 59) to file documents
under seal is granted.
3) The Clerk’s office shall file the plaintiff’s
documents under seal.
4) Plaintiff is permitted to proceed on appeal in forma
pauperis.
DATED this 23rd day of January, 2015.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court