Hansen v. Schmidt

Filing 13

MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Appeal In Forma Pauperis 12 is granted. The Clerk of the court shall provide the Court of Appeals with a copy of this Memorandum and Order. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(JAE, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA RICHARD OTTO HANSEN, Plaintiff, v. TIMOTHY SCHMIDT, in his official capacity as the County and District Attorney of Nuckolls County, Nebraska, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 8:08CV428

MEMORANDUM AND ORDER

This matter is before the court on Plaintiff's Motion for Leave to Appeal In Forma Pauperis. (Filing No. 12.) On November 26, 2008, the court dismissed Plaintiff's claims with prejudice and entered judgment against Plaintiff. (Filing Nos. 9 and 10.) On

December 5, 2008, Plaintiff filed a timely Notice of Appeal of the court's Judgment. (Filing No. 11.) Plaintiff is not a prisoner and has previously been granted leave to proceed IFP in this matter. (Filing No. 8.) 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. 12) is granted; and The Clerk of the court shall provide the Court of Appeals with a copy of this Memorandum and Order.

2.

DATED this 6th day of January, 2009. BY THE COURT:

s/Laurie Smith Camp United States District Judge

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