Bauermeister v. Xiong

Filing 14

MEMORANDUM AND ORDER regarding Notice of Appeal to USCA, 12 filed by Michael S. Bauermeister. On the court's own motion, Plaintiff is granted leave to proceed on appeal in forma pauperis. The Clerk of the court shall provide the Eighth Circuit Court of Appeals with a copy of this Memorandum and Order. Ordered by Judge Laurie Smith Camp. (Copy mailed/e-mailed to pro se party and as directed)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MICHAEL S. BAUERMEISTER,
Plaintiff,
v.
KOR XIONG,
Defendant.

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CASE NO. 8:11CV111

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. The court dismissed Plaintiff’s
claims without prejudice on June 24, 2011, and entered judgment against him. (Filing Nos.
10 and 11.) Plaintiff filed a timely Notice of Appeal on June 27, 2011. (Filing No. 12.)
Plaintiff is a nonprisoner who was previously granted leave to proceed in forma pauperis
in this matter. (Filing No. 6.) 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:
(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. 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.

On the court’s own motion, Plaintiff is granted leave to proceed on appeal in
forma pauperis; and

2.

The Clerk of the court shall provide the Eighth Circuit Court of Appeals with
a copy of this Memorandum and Order.

DATED this 8th day of July, 2011.
BY THE COURT:

s/Laurie Smith Camp
United States District Judge

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