Floyd v. Houston

Filing 203

ORDER permitting petitioner William C. Floyd, Jr. to proceed on appeal in forma pauperis. Memorandum and Order 199 states that no certificate of appealability has been or will be issued. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)

UNITED STATES DISTRICT COURT
Denise M. Lucks
Clerk of Court

DISTRICT OF NEBRASKA
OFFICE OF THE CLERK
www.ned.uscourts.gov

Gabriela Acosta
Chief Deputy Clerk

October 23, 2019

TO:

The Honorable Senior Judge Richard G. Kopf

FROM:

Clerk, United States District Court
Kristy Furey

DATE:

October 17, 2019

SUBJECT:

8:13CV195 Floyd v. Frakes

You are receiving this memorandum because a petitioner filed a notice of appeal in this
habeas case and the clerk’s office cannot process the appeal to the Eighth Circuit until
one or more issues are resolved.1
Certificate of Appealability: A ruling on a certificate of appealability has already been
made and no further action is needed on this issue to process the appeal.
Filing Fee/IFP Status: The filing fee has not been paid. The clerk’s office cannot process
this appeal to the Eighth Circuit until either the appellate filing fee is paid or the question
of the petitioner’s authorization to proceed in forma pauperis is resolved. In order to assist
the clerk’s office in its processing of this appeal, please mark the appropriate box:
☒ No separate order will be entered because the petitioner is entitled to proceed on
appeal in forma pauperis without further authorization pursuant to Rule 24(a)(3) of the
Federal Rules of Appellate Procedure.
☐ A separate order or further proceedings will be required to address the petitioner’s
authorization to proceed in forma pauperis. The clerk’s office ☐ is ☐ is not directed to
set a 30-day case management deadline checking on the status of the processing of this
appeal.

1

The purpose of this memorandum is to assist in the timely processing of this appeal by notifying
you that one or more issues may require your attention before the clerk’s office can process the appeal.
Please feel free to disregard this memorandum if the issue or issues raised will be addressed by a separate
order.
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Forms-Appeal-Memo_Petitioner_Appealing_in_Habeas_Case