Rodgers v. Data Transmission Network et al

Filing 137

ORDER granting Plaintiff's Motion for Leave to Appeal in forma pauperis. Plaintiff Gloria Rodgers may proceed on appeal without prepaying or giving security for fees and costs. Ordered by Chief Judge Laurie Smith Camp. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
GLORIA RODGERS,
Plaintiff,
v.
DATA TRANSMISSION NETWORK,
CHRIS WHITTINGHILL, and SHERI
WASHBURN,
Defendants.

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CASE NO. 8:10CV46

ORDER

This matter is before the Court on the Plaintiff’s Motion for Leave to Appeal In
Forma Pauperis (Filing No. 136). Federal Rule of Appellate Procedure 24 states:
A party who was permitted to proceed in forma pauperis in the district-court
action . . . may proceed on appeal in forma pauperis without further
authorization, unless:
(A) 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 and states in writing its reasons for the
certification or finding; or
(B) a statute provides otherwise.
Fed. R. App. P. 24(a)(3).
On February 3, 2010, Plaintiff Gloria Rodgers filed a Motion for Leave to Proceed
In Forma Pauperis (Filing No. 2) before this Court. The Court granted Rodgers’s February
3, 2010, motion. (Filing No. 5.) Attached to her present Motion, Rodgers filed an
“Application to Proceed in District Without Prepaying Fees or Costs” (Filing Nos. 136-1,
136-2), which indicates she is unable to pay the costs of prosecuting her appeal, and
nothing suggests Rodgers filed her Notice of Appeal (Filing No. 136) in bad faith.

Therefore, the Court will grant Rodgers’s Motion and authorize her to proceed on appeal
without prepaying or giving security for fees and costs. Accordingly,
IT IS ORDERED:
1.

Plaintiff Gloria Rodgers’s Motion for Leave to Appeal in Forma Pauperis
(Filing No. 136) is granted; and

2.

Plaintiff Gloria Rodgers may proceed on appeal without prepaying or giving
security for fees and costs.

DATED this 4th day of May, 2012.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge

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