Kelly v. Omaha Housing Authority

Filing 158

ORDER granting (156) Motion for Leave to Appeal in forma pauperis in case 8:10-cv-00245-JFB-TDT; granting (77) Motion for Leave to Appeal in forma pauperis in case 8:11-cv-00192-JFB-TDT. Member Cases: 8:10-cv-00245-JFB-TDT, 8:11-cv-00192-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BONNIE KELLY,

)
)
Plaintiff,
)
)
vs.
)
)
OMAHA HOUSING AUTHORITY, and
)
STANLEY TIMM, Executive Director,
)
in his individual and official capacity,
)
)
Defendants.
)
)
)
BONNIE KELLY,
)
)
Plaintiff,
)
)
vs.
)
)
HOUSING AUTHORITY of the CITY OF )
OMAHA, and STANLEY TIMM, Executive )
Director, in his individual and
)
official capacity,
)
)
Defendants.
)

8:10CV245
ORDER

8:11CV192
ORDER

This matter is before the court upon the plaintiff’s Motion for Permission to Appeal
In Forma Pauperis (Filing No. 156 - 8:10CV245; Filing No. 77 - 8:11CV192) and the referral
of such motions to the undersigned magistrate judge (Filing No. 157 - 8:10CV245; Filing
No. 78 - 8:11CV192). The plaintiff filed an affidavit attesting to the plaintiff’s finances and
assets. See Filing No. 156 - 8:10CV245; Filing No. 77 - 8:11CV192. According to Fed. R.
App. P. 24(3), “[a] party who was permitted to proceed in forma pauperis in the districtcourt action . . . may proceed on appeal in forma pauperis without further authorization, .
. . .” The court granted the plaintiff leave to proceed in forma pauperis in District Court
without prepaying fees or costs. See Filing No. 4 - 8:10CV245. The court has reviewed
the plaintiff’s affidavit and finds no evidence of bad faith. Therefore, the plaintiff may
proceed on appeal in forma pauperis.

IT IS ORDERED:
The plaintiff’s Motion for Permission to Appeal In Forma Pauperis (Filing No. 156 8:10CV245; Filing No. 77 - 8:11CV192) is granted.

DATED this 13th day of July, 2012.
BY THE COURT:
s/Thomas D. Thalken
United States Magistrate Judge

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