Securities and Exchange Commission v Behrens, et al

Filing 328

ORDER regarding Notice of Appeal to USCA 326 filed by Bryan S. Behrens. Behrens' notice of appeal is deemed timely filed. Behrens shall have until July 22, 2013, in which to either pay the $455 appellate filing fee or submit a mot ion for leave to proceed in forma pauperis on appeal. The Clerk of the Court shall send Behrens the form AO240, Application to Proceed in District Court Without Prepaying Fees or Costs. Because Behrens is incarcerated, the Clerk of the Court is directed to obtain Behrens' inmate trust account statement. The Clerk of the Court is directed to set a case management deadline in this matter with the following text: July 22, 2013, Deadline to submit IFP on appeal or pay filing fee. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party with form AO240)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SECURITIES AND EXCHANGE
COMMISSION,
8:08-CV-13
Plaintiff,
vs.

ORDER

BRYAN S. BEHRENS, et al.,
Defendants.
This matter is before the Court on defendant Bryan S. Behrens' notice
of appeal (filing 326). The Court denied Behrens' motion for injunctive relief
(filing 319) on May 23, 2013, and his motion for reconsideration (filing 321)
on June 3. See filings 320 and 322. The notice is timely filed pursuant to Fed.
R. App. P. 4(a)(1) and (c)(1) and 28 U.S.C. § 1292(a)(1). However, Behrens has
neither submitted an application to proceed in forma pauperis on appeal in
this case or paid the appellate filing fee. The Court will provide Behrens with
the opportunity to do so.
IT IS ORDERED:
1.

Behrens' notice of appeal is deemed timely filed.

2.

Behrens shall have until July 22, 2013, in which to either
pay the $455 appellate filing fee or submit a motion for
leave to proceed in forma pauperis on appeal.

3.

The Clerk of the Court shall send Behrens the form AO240,
Application to Proceed in District Court Without Prepaying
Fees or Costs.

4.

Because Behrens is incarcerated, the Clerk of the Court is
directed to obtain Behrens' inmate trust account statement.

5.

The Clerk of the Court is directed to set a case
management deadline in this matter with the following

text: July 22, 2013, Deadline to submit IFP on appeal or
pay filing fee.
Dated this 20th day of June, 2013.
BY THE COURT:

John M. Gerrard
United States District Judge

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