Kalincheva v. Neubarth et al

Filing 56

MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Appeal in Forma Pauperis 54 is denied. The clerk of the court is directed to provide a copy of this Memorandum and Order to the Eighth Circuit Court of Appeals. Ordered by Senior Judge Richard G. Kopf. Copy provided to USCA-Eighth Circuit. (CS)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MAGDALINA KALINCHEVA,
M.D.,
Plaintiff,
V.
JESSE NEUBARTH, VALENTYNA
L E Z O V I T S K A Y A , child , E .
ANDREW WALTON, JERALD
MASON, all from Avenue Realty,
CHICAGO TITLE COMPANY,
DONALD A. MACHADO,
MICHELLE HULLIGAN, JANE
DOE, Trini women 2 kids Manteca
CA, TODD CORREN, and JOHN
DOE, Renters at 535 W Vine St., 9-12,
Defendants.

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8:15CV44

MEMORANDUM
AND ORDER

This matter is before the court on a notice of appeal filed by Plaintiff. (Filing
No. 53.) Plaintiff appeals from an order of this court (Filing No. 52) denying her
“Motion for Disqualification.” (Filing No. 51.)
Plaintiff has submitted a motion for leave to appeal in forma pauperis. (Filing
No. 54.) A litigant seeking to appeal a judgment must either pay the required filing
fees or proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a). See Fed. R. App.
P. 3(e); 28 U.S.C. § 1915(a). “An appeal may not be taken in forma pauperis if the trial
court certifies in writing that it is not taken in good faith.” 28 U.S.C. § 1915(a)(3).
Good faith is established when an appellant seeks review of an issue that is “not
frivolous.” Coppedge v. United States, 369 U.S. 438, 445 (1962). An appeal is
frivolous when the result is obvious or when the appellant’s argument is wholly without
merit. Newhouse v. McCormick & Co., Inc., 130 F.3d 302, 305 (8th Cir. 1997).

The court hereby certifies that the appeal is not taken in good faith. Plaintiff’s
“Motion for Disqualification,” as well as her Notice of Appeal, are nonsensical. It is
clear that Plaintiff’s arguments completely lack merit.
IT IS THEREFORE ORDERED that:
1.
is denied.

Plaintiff’s Motion for Leave to Appeal in Forma Pauperis (Filing No. 54)

2.
The clerk of the court is directed to provide a copy of this Memorandum
and Order to the Eighth Circuit Court of Appeals.
DATED this 18th day of August, 2016.
BY THE COURT:
s/ Richard G. Kopf
Supervising Pro Se Judge

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