Swift et al v. Moss et al

Filing 12

MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Appeal in Forma Pauperis (Filing No. 11 ) 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
CHARLES SWIFT, and ARNETTA )
SWIFT,
)
)
Plaintiffs,
)
)
V.
)
)
EUSTACHIA MOSS, individually and )
officially, and MICHELLE ADAMS, )
individually and officially,
)
)
Defendants.
)
)

8:16CV293

MEMORANDUM AND ORDER

This matter is before the court on Plaintiff Charles Swift’s Motion for Leave to
Appeal in Forma Pauperis (Filing No. 11). Plaintiff filed a Notice of Appeal (Filing
No. 10) on October 17, 2016. Plaintiff appeals from the court’s Memorandum and
Order dated October 11, 2016 (Filing No. 8), in which the court dismissed this matter.
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.
is granted.

Plaintiff’s Motion for Leave to Appeal in Forma Pauperis (Filing No. 11)

2.
The Clerk of Court shall provide the Eighth Circuit Court of Appeals
with a copy of this order.
DATED this 18th day of October, 2016.
BY THE COURT:
S/ Richard G. Kopf
Senior United States District Judge

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