Zierke v. Molsen et al

Filing 49

MEMORANDUM AND ORDER that Plaintiff is not entitled to proceed on appeal in forma pauperis; and The Clerk of the Court shall send a copy of this order and of the notice of appeal to the Clerk of the United States Court of Appeals for the Eighth Circuit pursuant to Fed. R. App. P. 24(a)(4)(C) regarding Notice of Appeal to USCA 45 filed by Gary A. Zierke. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
GARY A. ZIERKE,
Plaintiff,
v.
JEFF SHELTON, RICK CONRAD,
MARK DREHER, and UNITED
STATES OF AMERICA,
Defendants.

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8:08CV367

MEMORANDUM
AND ORDER

Because Plaintiff—who was not permitted to proceed in forma pauperis in this
removed district-court action—filed a notice of appeal (Filing 45) without the
required appeal fee of $505.00 or a motion to proceed in forma pauperis (“IFP”) on
appeal, I ordered Plaintiff to file “either the appeal fee of $505.00 or, if appropriate,
a motion to proceed in forma pauperis on appeal, with supporting affidavit as required
by Fed. R. App. P. 24(a)(1).” (Filing No. 47.) Plaintiff has not done so. Accordingly,
IT IS ORDERED that:
1)

Plaintiff is not entitled to proceed on appeal in forma pauperis; and

2)

The Clerk of the Court shall send a copy of this order and of the notice
of appeal to the Clerk of the United States Court of Appeals for the
Eighth Circuit pursuant to Fed. R. App. P. 24(a)(4)(C).

DATED this 6th day of July, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge