Tyler v. EPA

Filing 16

MEMORANDUM AND ORDER granting 15 Motion for Leave to Appeal in forma pauperis. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BILLY TYLER, on behalf of himself,
his grandchildren, and all similarly
situated. Plaintiff’s grandchildren
and all others similarly situated are
dismissed from this matter per order
#5.,
Plaintiff,
v.
EPA, Environmental Blah,
Defendant.

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8:12CV388

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s Notice of Appeal and Motion for
Leave to Appeal in Forma Pauperis (“IFP”). (Filing No. 15.) On March 25, 2013, the
court dismissed Plaintiff’s claims and entered Judgment against him. (Filing Nos. 6
and 7.) Plaintiff filed a timely Notice of Appeal of the court’s Judgment and was
permitted to appeal IFP. (Filing No. 8 and 9.) On May 23, 2013, Plaintiff filed a
Motion in Arrest of Judgment, which the court liberally construed as a Motion for
Relief Under Rule 60(b). (Filing Nos. 12 and 13.) The court denied Plaintiff’s Rule
60(b) Motion and Plaintiff appealed. (Filing Nos. 13 and 15.) Plaintiff is a nonprisoner and has previously been granted leave to proceed in forma pauperis in this
matter. (Filing No. 4.)
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
and states in writing its reasons for the certification or finding; or
(B) a statute provides otherwise.
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
authorization.” Id.
IT IS THEREFORE ORDERED that:
1.
Plaintiff’s Motion for Leave to Appeal in Forma Pauperis (filing no. 15)
is granted.
2.
The Clerk of the court shall provide the Court of Appeals with a copy of
this Memorandum and Order.

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DATED this 9th day of July, 2013.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

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