Brown v. Department of Health & Human Services et al

Filing 66

MEMORANDUM AND ORDER - Plaintiff may proceed on appeal in forma pauperis. 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
MEE MEE BROWN,

)
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Plaintiff,
)
)
v.
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SHERI DAWSON, Director of
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Behavioral Health, JOHN KROLL,
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Director of Nursing @ Norfolk
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Regional Center, DIANE
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SCHUMACHER, Physician Assistant )
@ Norfolk Regional Center, AMR
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BELTAGUI, Personal Psychiatrist @ )
Norfolk Regional Center, LINDA
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HANSEN, Unit Supervisor @
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Norfolk Regional Center, DIANNA
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MASTNY, LORI STRONG, DR.
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JEAN LANGE, DR. DAVID
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MITCHELL, BEVERLY LEUSHEN, )
and DONNA CRIST,
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Defendants.
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)

8:16CV569

MEMORANDUM
AND ORDER

This matter is before the court on a memorandum from the Clerk of the Court
requesting a ruling as to Plaintiff's authorization to proceed in forma pauperis on
appeal. (Filing No. 65.) Plaintiff filed a Notice of Appeal (Filing No. 64) on May 24,
2018. Plaintiff appeals from the court’s Memorandum and Order and Judgment dated
May 8, 2018 (Filing Nos. 62 & 63), in which the court dismissed this matter with
prejudice.
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:
1.

Plaintiff may proceed on appeal in forma pauperis.

2.
The Clerk of Court shall provide the Eighth Circuit Court of Appeals
with a copy of this order.
DATED this 25th day of May, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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