McGrone v. Department of Corrections State of Nebraska et al

Filing 23

MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Appeal in Forma Pauperis (Filing No. 20 ) 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
BRUCE MCGRONE,
Plaintiff,

8:17CV222

vs.
MEMORANDUM AND ORDER
DEPARTMENT OF CORRECTIONS
STATE OF NEBRASKA, (WARDEN)
STATE OF NEBRASKA
DIAGNOSTIC EVALUATION
CENTER (FACILITY), SORENSON,
C.O. Corporal (Employed at Nebraska
Diagnostic & Evaluation Facility); and
THE STATE OF NEBRASKA,
Defendants.
This matter is before the court on Plaintiff’s Motion for Leave to Appeal in
Forma Pauperis (Filing No. 20). Plaintiff filed a Notice of Appeal (Filing No. 19)
on November 9, 2017. Plaintiff appeals from the court’s Memorandum and Order
dated October 23, 2017 (Filing No. 16), in which the court dismissed this matter
without 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, he
may now proceed on appeal in forma pauperis without further authorization.1
IT IS THEREFORE ORDERED that:
1.
Plaintiff’s Motion for Leave to Appeal in Forma Pauperis (Filing No.
20) is granted.
2.
The Clerk of Court shall provide the Eighth Circuit Court of Appeals
with a copy of this order.
Dated this 27th day of November, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

1

Plaintiff notified the court of a change of address on November 22, 2017. (Filing No.
22.) The notice indicates Plaintiff is no longer incarcerated. Accordingly, the court is not
required to calculate any initial partial appellate filing fee pursuant to 28 U.S.C. § 1915(b)(1).

2