Ngrime v. Papillion Manor

Filing 63

MEMORANDUM AND ORDER denying as moot 60 Motion for ruling on extension of time to file notice of appeal; granting 62 Motion for Leave to Appeal in forma pauperis. The clerk is directed to process the appeal in this matter and is directed to provide a copy of this Memorandum and Order to the Eighth Circuit Court of Appeals. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party and as directed) (JSF) Modified on 5/4/2009 to correct name of judge (JSF).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA MICHAEL M. NGRIME, Plaintiff, v. PAPILLION MANOR, INC., Defendant. ) ) ) ) ) ) ) ) ) CASE NO. 8:08CV23

MEMORANDUM AND ORDER

This matter is before the court on Plaintiff's Motion for Ruling on Extension of Time to File Notice of Appeal. (Filing No. 60.) In his Motion, Plaintiff seeks a ruling from the court on his previous Motion to Extend. The court granted Plaintiff's Motion to Extend on March 11, 2009, and a copy of the court's order was mailed to Plaintiff on that date. Plaintiff's Motion is therefore denied as moot. Also pending is Plaintiff's Motion for Leave to Proceed In Forma Pauperis on Appeal. (Filing No. 62.) On February 12, 2009, the court dismissed Plaintiff's claims with prejudice and entered judgment against Plaintiff. (Filing Nos. 56 and 57.) On April 8, 2009, Plaintiff filed a Notice of Appeal of the court's Judgment. (Filing No. 61.) The court has carefully reviewed Plaintiff's Motion and accompanying affidavit. In accordance with Federal Rule of Appellate Procedure 24(a)(3), and because Plaintiff has shown that he is financially eligible to proceed in forma pauperis, the Motion is granted. IT IS THEREFORE ORDERED that: 1. Plaintiff's Motion for Ruling on Extension of Time to File Notice of Appeal (Filing No. 60) is denied as moot; Plaintiff's Motion for Leave to Proceed In Forma Pauperis on Appeal (Filing No. 62) is granted; and

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The Clerk of the court is directed to process the appeal in this matter and is directed to provide a copy of this Memorandum and Order to the Eighth Circuit Court of Appeals.

D A T E D this 1 s t day of May, 2009. B Y THE COURT:

s /L a u rie Smith Camp U n ite d States District Judge

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