Kalincheva v. Neubarth et al

Filing 89

MEMORANDUM AND ORDER that the court will not act on Plaintiff's Notice of Appeal. The clerk of court is directed to send a copy of Plaintiff's Notice of Appeal (Filing No. 86) to the Eighth Circuit Court of Appeals. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (LAC)

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

Plaintiff, a non-prisoner, has submitted a Notice of Appeal. (Filing No. 86.)
Plaintiff has not submitted the appellate filing fee. “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
filings in this case are nonsensical. It is clear that Plaintiff’s arguments completely
lack merit.

IT IS THEREFORE ORDERED that: The court will not act on Plaintiff’s
Notice of Appeal. The clerk of court is directed to send a copy of Plaintiff’s Notice
of Appeal (Filing No. 86) to the Eighth Circuit Court of Appeals.
DATED this 30th day of November, 2016.
BY THE COURT:
s/ Richard G. Kopf
Supervising Pro Se Judge

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