Chapman Moore v. Plock et al
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
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