Hilgert v. Vanderford

Filing 18

MEMORANDUM AND ORDER - Plaintiff is granted leave to proceed in forma pauperis on appeal. The clerk's office 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
CLIVE B. HILGERT,
Plaintiff,

8:17CV115

vs.
CHRISTINE VANDERFORD, et al;

MEMORANDUM
AND ORDER

Defendant.
Plaintiff filed a Notice of Appeal (Filing No. 15) on July 24, 2017. On June
12, 2017, the court dismissed this matter with prejudice. (Filing No. 8; Filing No.
9.) On July 3, 2017, Plaintiff filed a “Motion to Amend or Alter Judgment”
pursuant to Federal Rule of Civil Procedure 59(e). (Filing No. 13.) On July 5,
2017, the court denied Plaintiff’s Motion. (Filing No. 14.) Accordingly, Plaintiff’s
Notice of Appeal is timely. See Fed. R. App. P. 4(a)(4)(A).
As set forth in Federal Rule of Appellate Procedure 24(a)(3)(A):
(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 in forma pauperis in the
district court, he may now proceed on appeal in forma pauperis without further
authorization.
IT IS THEREFORE ORDERED that:
1.

Plaintiff is granted leave to proceed in forma pauperis on appeal.

2.
The clerk’s office shall provide the Eighth Circuit Court of Appeals
with a copy of this order.
Dated this 25th day of July, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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