Tyler v. Vicki et al

Filing 11

ORDER - Plaintiff's Motion for Leave to Appeal in Forma Pauperis (Filing No. 10 ) is granted. The Clerk of Court shall provide the Eighth Circuit Court of Appeals with a copy of this order. 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
BILLY TYLER,
Plaintiff,
v.
LESLIE DOUGLAS, Clerk Douglas
County Court, VICKI, and ETTA
GRAVES,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

8:16CV189

ORDER

This matter is before the court on Plaintiff’s Motion for Leave to Appeal in
Forma Pauperis (Filing No. 10). Plaintiff filed a Notice of Appeal (Filing No. 9) on
August 11, 2016. Plaintiff appeals from the court’s Memorandum and Order and
Judgment dated July 27, 2016, (Filing Nos. 7 & 8), in which the court dismissed this
matter without prejudice for failure to prosecute it diligently and failure to comply
with the court’s orders.
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, he may
now proceed on appeal in forma pauperis without further authorization.
IT IS THEREFORE ORDERED that:
1.
Plaintiff’s Motion for Leave to Appeal in Forma Pauperis (Filing No. 10)
is granted.
2.
The Clerk of Court shall provide the Eighth Circuit Court of Appeals
with a copy of this order.
DATED this 12th day of August, 2016.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

2