Tyler v. Jones et al
Filing
12
ORDER granting 11 Motion for Leave to Appeal in forma pauperis. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA BILLY TYLER, ) ) Plaintiff, ) ) v. ) ) JONES, Nebraska State Trooper, and ) PRANTZ, Nebraska State Trooper, ) ) Defendants. ) 8:08CV307
MEMORANDUM AND ORDER
This matter is before the court on Plaintiff's Motion for Leave to Appeal In Forma Pauperis. (Filing No. 11.) On November 18, the court dismissed Plaintiff's claims without prejudice and entered judgment against Plaintiff. (Filing Nos. 8 and 9.) On November 24, 2008, Plaintiff filed a Notice of Appeal of the court's Judgment. (Filing No. 10.) Plaintiff is not a prisoner and has previously been granted leave to proceed IFP in this matter. (Filing No. 5.) 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 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. In that event, the district court must state 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. 11) is granted. 2. The Clerk of the court shall provide the Court of Appeals with a copy of this Memorandum and Order. December 16, 2008. BY THE COURT: s/Richard G. Kopf United States District Judge
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