Jones v. Gage

Filing 22

MEMORANDUM AND ORDER - Petitioner's Motion for Leave to Proceed in Forma Pauperis on Appeal (Filing No. 18 ) is granted. Petitioner's Motion for Appointment of Counsel and Motion for Personal Recognizance Bond (Filing No. 20 and Filin g No. 21 ) are denied without prejudice to reassertion before the Eighth Circuit Court of Appeals. Although Plaintiff filed these motions in this case, the case captions reflect that he intended to file them with the Eighth Circuit Court of Appeals. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MARVEL JONES,
Petitioner,
v.
BRIAN GAGE,
Respondent.

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CASE NO. 8:14CV1

MEMORANDUM
AND ORDER

This matter is before the court on Petitioner’s Motion for Leave to Proceed in Forma
Pauperis on Appeal. (Filing No. 18.) Petitioner was previously granted leave to proceed
in forma pauperis. (Filing No. 7.) Federal Rule of Appellate Procedure 24(a)(3) states:
(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 and states in writing its reasons for the
certification or finding[.]
Id.

The court finds that, because Petitioner was previously given leave to proceed in

forma pauperis, he may now “proceed on appeal in forma pauperis without further
authorization” in accordance with Federal Rule of Appellate Procedure 24.
IT IS THEREFORE ORDERED that:
1.

Petitioner’s Motion for Leave to Proceed in Forma Pauperis on Appeal
(Filing No. 18) is granted.

2.

Petitioner’s Motion for Appointment of Counsel and Motion for Personal
Recognizance Bond (Filing No. 20 and Filing No. 21) are denied without
prejudice to reassertion before the Eighth Circuit Court of Appeals. Although

Plaintiff filed these motions in this case, the case captions reflect that he
intended to file them with the Eighth Circuit Court of Appeals.
DATED this 27th day of June, 2014.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge

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