Redden v. Metropolitan Utilities District

Filing 21

MEMORANDUM ORDER granting 20 Motion for Leave to Appeal in forma pauperis. The Clerk of the court shall provide the Court of Appeals with a copy ofthis Memorandum and Order. Ordered by Judge Joseph F. Bataillon. (Copies mailed as directed and to pro se party) (JSF)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA DARRELL REDDEN, Plaintiff, v. METROPOLITAN UTILITIES DISTRICT, Defendant. ) ) ) ) ) ) ) ) ) ) 8:11CV34 MEMORANDUM AND ORDER This matter is before the court on Plaintiff’s Motion for Leave to Appeal In Forma Pauperis. (Filing No. 20.) On November 23, 2011, the court dismissed Plaintiff’s claims with prejudice and entered judgment against Plaintiff. (Filing Nos. 17 and 18.) On December 5, 2011, Plaintiff filed a Notice of Appeal of the court’s Judgment. (Filing No. 19.) 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. 20) is is granted. 2. The Clerk of the court shall provide the Court of Appeals with a copy of this Memorandum and Order. DATED this 20th day of December, 2011. BY THE COURT: s/ Joseph F. Bataillon United States District Judge *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

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