Blair v. Douglas County et al

Filing 163

ORDER that Blair's Application to Proceed in District Court Without Preparing Fees or Costs (Filing No. 159) is granted regarding Notice of Appeal to USCA 158 filed by Steven R. Blair. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
STEVEN R. BLAIR,
Plaintiff,

8:11CV349

vs.
ORDER
DOUGLAS COUNTY,
Defendant.
This matter is before the court on the plaintiff’s, Steven R. Blair (Blair),
Application to Proceed in District Court Without Preparing Fees or Costs (Filing No.
159). Blair seeks to proceed in forma pauperis on appeal. When Blair initially filed this
action, Blair was pro se and permitted leave to proceed in forma pauperis. See Filing
No. 6 - Order. Blair subsequently obtained counsel but eventually reverted back to pro
se status. See Filing Nos. 110-112. Blair filed a notice of appeal on July 7, 2014. See
Filing No. 158. In the notice, Blair states his intention to appeal the court’s order and
judgment granting the defendant’s, Douglas County, summary judgment motion. See
Filing No. 155 - Order; Filing No. 156 - Judgment.
As set forth in Federal Rule of Appellate Procedure 24(a):
(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 and states in
writing its reasons for the certification or finding; or
(B) a statute provides otherwise.
Fed. R. App. P. 24.
The court finds that because Blair proceeded in forma pauperis in the district
court, he may now “proceed on appeal in forma pauperis without further authorization.”
Additionally, Blair’s appeal appears to be in good faith. Accordingly,
IT IS ORDERED:
Blair’s Application to Proceed in District Court Without Preparing Fees or Costs
(Filing No. 159) is granted.
Dated this 9th day of July, 2014.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge