Harvey v. Nebraska Department of Correctional Services et al

Filing 34

MEMORANDUM AND ORDER - that this court will not take further action on this appeal. 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 mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JASON WILLIAM HARVEY,
Plaintiff,
V.
NEBRASKA DEPARTMENT OF
CORRECTIONAL SERVICES,
NDCS, RANDY KOHL, Dr., Medical
Director, and JULIE A. PEW, APRN,
Defendants.

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8:15CV102

MEMORANDUM AND ORDER

On December 15, 2016, Plaintiff, who is proceeding in forma pauperis (“IFP”),
filed an Interlocutory Appeal (Filing No. 31) regarding the court’s Memorandum and
Order entered on October 17, 2016. (Filing No. 26.) The Memorandum and Order
dismissed Plaintiff’s official capacity claims against Defendant Randy Kohl, and
dismissed Plaintiff’s claims against Defendant Julie Pew in their entirety for
insufficient service of process.
Because Plaintiff previously received leave to proceed IFP, Fed. R. App. P.
24(a)(3) would ordinarily continue Plaintiff’s IFP status on appeal. However, 28
U.S.C. § 1915(a)(3) states: “An appeal may not be taken in forma pauperis if the trial
court certifies in writing that it is not taken in good faith.” Having considered the
record in this action, I certify that this interlocutory appeal is untimely and not taken
in good faith.
IT IS THEREFORE ORDERED that this court will not take further action on
this appeal. 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 29th day of December, 2016.
BY THE COURT:
S/ Richard G. Kopf
Senior United States District Judge

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