Tyler v. Mayo et al
MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Appeal in forma pauperis 13 is granted. The Clerk of the court shall provide the Court of Appeals with a copy of this Memorandum and Order. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed/e-mailed to pro se party) (KBJ)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNKNOWN MAYO, deputy U.S.
Marshals, and UNKNOWN LEWIS,
deputy U.S. Marshals,
This matter is before the court on Plaintiff’s Motion for Leave to Appeal in
forma pauperis. (Filing No. 13.) On August 24, 2011, the court dismissed Plaintiff’s
claims and entered judgment against him. (Filing Nos. 10 and 11.) Plaintiff filed a
timely Notice of Appeal of the court’s Judgment. (Filing No. 12.) Plaintiff is a nonprisoner and has previously been granted leave to proceed in forma pauperis in this
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 in forma pauperis in the
district court, he may now “proceed on appeal in forma pauperis without further
IT IS THEREFORE ORDERED that:
Plaintiff’s Motion for Leave to Appeal in forma pauperis (filing no. 13)
The Clerk of the court shall provide the Court of Appeals with a copy of
this Memorandum and Order.
DATED this 7th day of September, 2011.
BY THE COURT:
s/ Joseph F. Bataillon
Chief United States District Judge
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