Balvin v. Britten

Filing 27

MEMORANDUM AND ORDER - Petitioner's Motion for Leave to Appeal IFP (filing no. 26 ) is granted. The Clerk of the court shall provide the Court of Appeals a copy of this Memorandum and Order. Ordered by Judge Joseph F. Bataillon. (Copies sent as directed and mailed to pro se party) (AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SONNY D. BALVIN,
Petitioner,
v.
FRED BRITTEN,
Respondent.

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8:12CV377

MEMORANDUM
AND ORDER

This matter is before the court on Petitioner’s Motion for Leave to Appeal in
forma pauperis (“IFP”). (Filing No. 26.) Petitioner is a prisoner and has not
previously been granted leave to proceed IFP in this matter. For the reasons discussed
below, Petitioner’s Motion for Leave to Appeal IFP is granted.
On September 16, 2013, the court dismissed Petitioner’s Habeas Corpus
Petition with prejudice and entered Judgment against him. (Filing Nos. 21 and 22.)
Petitioner thereafter filed a timely Notice of Appeal. (Filing No. 23.) As set forth in
Federal Rule of Appellate Procedure 24(a)(1):
Except as stated in Rule 24(a)(3), a party to a district-court action who
desires to appeal in forma pauperis must file a motion in the district
court. The party must attach an affidavit that:
(A)

shows in the detail prescribed by Form 4 of the Appendix
of Forms the party’s inability to pay or to give security for
fees and costs;

(B)

claims an entitlement to redress; and

(C)

states the issues that the party intends to present on appeal.

Fed. R. App. P. 24(a)(1). In light of Petitioner’s financial information contained in
the record before the court and pursuant to Federal Rule of Appellate Procedure 24(a),
the court concludes that Petitioner may proceed IFP on appeal.
IT IS THEREFORE ORDERED that:
1.

Petitioner’s Motion for Leave to Appeal IFP (filing no. 26) is granted.

2.
The Clerk of the court shall provide the Court of Appeals a copy of this
Memorandum and Order.
DATED this 1st day of November, 2013.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge

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