Kalincheva v. Neubarth et al

Filing 94

MEMORANDUM AND ORDER that the court will not act on either of Plaintiff's notices of appeal. (Filing Nos. 80 , 90 .) The clerk of court is directed to send copies of Plaintiff's notices of appeal (Filing Nos. 80 , 90 ) to the Eighth Circuit Court of Appeals. Plaintiff's Motion for Leave to Proceed In Forma Pauperis (Filing No. 93 ) is denied. 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 multiple notices of appeal in this action.
(Filing Nos. 80, 90). Plaintiff has also filed a Motion for Leave to Proceed In Forma
Pauperis on Appeal (Filing No. 93).
“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 appeals filed by Plaintiff in this case (Filing
Nos. 80, 90) were 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 either of
Plaintiff’s notices of appeal. (Filing Nos. 80, 90.) The clerk of court is directed to
send copies of Plaintiff’s notices of appeal (Filing Nos. 80, 90) to the Eighth Circuit
Court of Appeals. Plaintiff’s Motion for Leave to Proceed In Forma Pauperis (Filing
No. 93) is denied.
DATED this 6th day of December, 2016.
BY THE COURT:
s/ Richard G. Kopf
Supervising Pro Se Judge

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