Chapman Moore v. Plock et al

Filing 15

MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Appeal IFP 10 is granted. The Clerk of the court shall provide the Court of Appeals with a copy of this Memorandum and Order. Ordered by Chief Judge Joseph F. Bataillon.(Copy mailed to pro se party) (KBJ)

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA M IC H E L E CHERIE CHAPMAN M OORE, Plaintiff, v. J O Y C E PLOCK, et al., Defendants. ) ) ) ) ) ) ) ) ) )

8 : 09 C V 2 8 5

M E M O R AN D U M AND ORDER

T h is matter is before the court on Plaintiff's Motion for Leave to Appeal In Forma P a u p e ris ("IFP"). (Filing No. 10.) Plaintiff has previously been granted leave to proceed IFP in this matter. (Filing No. 5.) I . BACKGROUND On October 19, 2009, the court dismissed Plaintiff's claims without prejudice and e n te re d judgment against Plaintiff. (Filing Nos. 6 and 7.) On November 20, 2009, Plaintiff f ile d an untimely Notice of Appeal of the court's Judgment. (Filing No. 8.) However, on its o w n motion, the court gave Plaintiff an additional opportunity to show excusable neglect or g o o d cause for the untimely Notice of Appeal. (Filing No. 12.) On January 19, 2010, P la in tif f filed an Affidavit explaining why she filed an untimely Notice of Appeal. (Filing N o . 13.) I I . PLAINTIFF'S MOTION TO APPEAL IFP L ib e ra lly construed, Plaintiff alleges that she missed her appeal deadline because she is under emotional distress and unable to think clearly. (Id. at CM/ECF pp. 1-4.) Plaintiff m is s e d her appeal deadline by only two days. (See Filing Nos. 7 and 8.) For good cause s h o w n , the court will consider Plaintiff's Notice of Appeal timely filed. 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 f o rm a pauperis in the district-court action, or who was determined to be f in a n c ia lly unable to obtain an adequate defense in a criminal case, may

p ro c e ed on appeal in forma pauperis without further authorization, unless the d is tric t court ­ before or after the notice of appeal is filed­ certifies that the a p p e al 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 w ritin g its reasons for the certification or finding. T h e court finds that because Plaintiff proceeded IFP in the district court, she may now " p ro c e ed on appeal in forma pauperis without further authorization." Id. IT IS THEREFORE ORDERED that: 1. P la in tif f 's Motion for Leave to Appeal IFP (filing no. 10) is granted.

2. T h e Clerk of the court shall provide the Court of Appeals with a copy of this Memorandum and Order. D A T E D this 25 th day of January, 2010. B Y THE COURT s / Joseph F. Bataillon Chief United States District Judge U n i te d States District Court

*This opinion may contain hyperlinks to other documents or Web sites. The U.S. District
Court for the District of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide on their Web sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the court.

2