Tyler v. Bazis

Filing 10

MEMORANDUM AND ORDER that Plaintiff may proceed in forma pauperis on appeal; and the Clerk of the Court is directed to provide the Eighth Circuit Court of Appeals with a copy of this order. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party and as directed) (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BILLY TYLER,
Plaintiff,
v.
BAZIS, County Court judge Douglas
County and all Judges of such court,
Defendants.

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8:14CV328

MEMORANDUM
AND ORDER

This matter is before the Court on its own motion. Plaintiff filed a Notice of Appeal
(Filing No. 8) on March 2, 2015. Plaintiff appeals from the Court’s Memorandum and Order
dated February 11, 2015 (Filing No. 6), in which the court dismissed this matter without
prejudice.
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 . . . .

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.
Accordingly,

IT IS ORDERED:
1.

Plaintiff may proceed in forma pauperis on appeal; and

2.

The Clerk of the Court is directed to provide the Eighth Circuit Court of

Appeals with a copy of this order.

DATED this 3rd day of March, 2015.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

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