Clayborne v. State of Nebraska
Filing
90
MEMORANDUM AND ORDER - Petitioner's Motion for Leave to Appeal in Forma Pauperis (filing 87 ) is granted. Petitioner's Motion for Order of Designation of Record on Appeal (filing 89 ) is denied as moot. Ordered by Senior Judge Richard G. Kopf. (LKO)
8:15-cv-00378-RGK-PRSE Doc # 90 Filed: 01/21/22 Page 1 of 2 - Page ID # 952
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROBERT E. CLAYBORNE JR.,
Petitioner,
8:15CV378
vs.
MEMORANDUM AND ORDER
STATE OF NEBRASKA,
Respondent.
This matter is before the court on Petitioner’s Motion for Leave to Appeal in
Forma Pauperis (filing 87) and Motion for Order of Designation of Record on
Appeal (filing 89). Petitioner filed a Notice of Appeal (filing 86) on January 19,
2022. Petitioner appeals from the court’s Memorandum and Order dated January
10, 2022 (filing 85), in which the court denied his Motion for Relief from
Judgment pursuant to Rule 60(b)(4), (6) of the Federal Rules of Civil Procedure.
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 . . . .
8:15-cv-00378-RGK-PRSE Doc # 90 Filed: 01/21/22 Page 2 of 2 - Page ID # 953
The court finds that because Petitioner proceeded IFP in the district court, he
may now proceed on appeal in forma pauperis without further authorization.
Petitioner’s Motion for Order of Designation of Record on Appeal (filing
89), brought pursuant to Rule 10(b) of the Federal Rules of Appellate Procedure, is
denied as moot. Pursuant to Eighth Circuit Local Rule 30A(a)(2), “[i]n all pro se
appeals, the entire district court record is available for review. If the record is
available in electronic format, the [Eighth Circuit] will review the electronic
version of the record.” Thus, there is no need for the court to issue an order
designating the record on appeal.
IT IS THEREFORE ORDERED that:
1.
Petitioner’s Motion for Leave to Appeal in Forma Pauperis (filing 87)
is granted.
2.
Petitioner’s Motion for Order of Designation of Record on Appeal
(filing 89) is denied as moot.
Dated this 21st day of January, 2022.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge
2
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