Swift v. Cohart et al

Filing 92

ORDER - The plaintiff's motion for leave to appeal in forma pauperis (filing 91 ) is granted. The Clerk of the Court shall provide the U.S. Court of Appeals for the Eighth Circuit with a copy of this order. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party and to be provided as directed )(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHARLES SWIFT,
Plaintiff,

8:14-CV-243

vs.
ORDER
RICHARD KYLER,
Defendant.
This matter is before the Court on the plaintiff's notice of appeal (filing
90) and motion for leave to appeal in forma pauperis (filing 91). On November
25, 2015, the Court dismissed the plaintiff's claims and entered Judgment
against him. Filings 88 and 89. The plaintiff filed a timely Notice of Appeal of
the Court's judgment. Filing 90. The plaintiff is a non-prisoner and has
previously been granted leave to proceed in forma pauperis in this matter.
Filing 5.
Pursuant to Fed. R. App. P. 24(a)(3), party who was permitted to
proceed in forma pauperis may proceed on appeal in forma pauperis without
further authorization, unless the 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 a statute provides
otherwise. The Court finds that because the plaintiff proceeded in forma
pauperis here, he may now proceed on appeal in forma pauperis without
further authorization. See id.
IT IS ORDERED:
1.

The plaintiff's motion for leave to appeal in forma pauperis
(filing 91) is granted.

2.

The Clerk of the Court shall provide the U.S. Court of
Appeals for the Eighth Circuit with a copy of this order.

Dated this 4th day of December, 2015.
BY THE COURT:

John M. Gerrard
United States District Judge

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