Securities and Exchange Commission v Behrens, et al

Filing 392

ORDER - The defendant's motion to proceed in forma pauperis (filing 389 ) is denied. The Clerk of the Court is directed to send a copy of this order to the Eighth Circuit Court of Appeals. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party; transmitted electronically to the 8th Circuit)(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.
The Court has received correspondence from pro se defendant Bryan S.
Behrens (filing 389) that the Court construes as a motion to proceed in forma
pauperis. As stated in the Court's Memorandum and Order of December 19,
2013 (filing 384), the defendant may not take his appeal in forma pauperis,
and his motion will be denied. The defendant is advised that because his
appeal may not be taken in forma pauperis, no additional filing fees will be
deducted from his prison account. The defendant is further advised, however,
that should he seek review of the Court's decision by the Court of Appeals
pursuant to Fed. R. App. P. 24(a)(5), the filing of that motion will result in the
immediate assessment of appellate filing fees under 28 U.S.C. § 1915(b). See
Henderson v. Norris, 129 F.3d 481, 485 (8th Cir. 1997).
IT IS ORDERED:
1.

The defendant's motion to proceed in forma pauperis (filing
389) is denied.

2.

The Clerk of the Court is directed to send a copy of this
order to the Eighth Circuit Court of Appeals.

Dated this 20th day of December, 2013.
BY THE COURT:

John M. Gerrard
United States District Judge