Redden v. Metropolitan Utilities District
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
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
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:
Plaintiff’s Motion for Leave to Appeal In Forma Pauperis (filing no. 20)
is is granted.
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
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