Tyler et al v. EPA et al
MEMORANDUM AND ORDER granting the Plaintiff's 14 Motion for Leave to Appeal in forma pauperis. 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 and as directed)(MKR)
-PRSE Tyler et al v. EPA et al
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA BILLY TYLER, Diaspora of Holocaust of largest lead contaminated site in United States in Omaha, Nebraska, and VIOLET GOODWIN, on behalf of her minor children; Diaspora of Holocaust of largest lead contaminated site in United States in Omaha, Nebraska, Plaintiffs, v. EPA, and PAULETTA ISETTS, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 8:10CV416
MEMORANDUM AND ORDER
This matter is before the court on Plaintiff Billy Tyler's Motion for Leave to Appeal In Forma Pauperis. (Filing No. 14.) On March 14, 2011, the court dismissed Plaintiff's claims without prejudice and entered judgment against Plaintiff. (Filing Nos. 11 and 12.) On March 21, 2011, Plaintiff filed a Notice of Appeal of the court's Judgment. (Filing No. 13.) Plaintiff is not a prisoner and has previously been granted leave to proceed IFP in this matter. (Filing No. 5.) 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. 14) is granted; and The Clerk of the court shall provide the Court of Appeals with a copy of this Memorandum and Order.
DATED this 25th day of March, 2011. BY THE COURT:
s/Laurie Smith Camp United States District Judge
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