Robinson v. State of Nebraska

Filing 40

MEMORANDUM AND ORDER that the Petitioner may proceed in forma pauperis on appeal. The clerk of the 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) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ERIC ROBINSON,
Plaintiff,

8:17CV204

vs.
STATE OF NEBRASKA,

MEMORANDUM
AND ORDER

Defendant.
Petitioner filed a Notice of Appeal (Filing No. 34) on October 19, 2017.
Petitioner appeals from the court’s Order and Judgment dated October 5, 2017
(Filing No. 28; Filing No. 29). He also filed a Motion to Proceed in Forma
Pauperis. (Filing No. 35.)
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 Petitioner 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: Petitioner may proceed in forma
pauperis on appeal. The clerk of the court shall provide the Eighth Circuit Court of
Appeals with a copy of this order.
Dated this 20th day of October, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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