Kalincheva v. Neubarth et al
MEMORANDUM AND ORDER granting 13 Motion for Leave to Appeal in forma pauperis; Plaintiff's request for a car, umbrella, etc. 15 is nonsensical and denied. Ordered by Senior Judge Joseph F. Bataillon. (Copy e-mailed to pro se party)(ADB)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JESSE NEUBARTH, et al.,
This matter is before the court on Plaintiff’s Motion for Leave to Appeal in
Forma Pauperis (Filing No. 13). Plaintiff filed a Notice of Appeal (Filing No. 12) on
March 23, 2015.
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 IFP in the district court, she
may now proceed on appeal in forma pauperis without further authorization.
IT IS THEREFORE ORDERED that:
Plaintiff’s Motion for Leave to Appeal in Forma Pauperis (Filing No. 13)
Plaintiff’s request for a car, umbrella, etc. (Filing No. 15), is nonsensical
The clerk of the court shall provide the Eighth Circuit Court of Appeals
with a copy of this order.
DATED this 24th day of March, 2015.
BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge
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