Brown v. Kroll et al

Filing 39

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,
Plaintiff,

8:17CV294

vs.
JOHN KROLL, Facility Operating
Officer at Norfolk Regional Center, In
Their Individual Capacities; BEVERLY
LEUSHEN, Licensed Administrative
Program Therapist, In Their Individual
Capacities; KATHY HERRON,
Licensed 3-East Unit Supervisor, In
Their Individual Capacities; TABITHA
WAGGONER, Provisionally Licensed
Group Facilitator and Social Worker, In
Their Individual Capacities; and
RHONDA WILSON, Registered Nurse,
In Their Individual Capacities;

MEMORANDUM
AND ORDER

Defendants.
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. 38.) Plaintiff filed a Notice of Appeal (filing no.
37) on June 11, 2018. Plaintiff appeals from the court’s Memorandum and Order
and Judgment dated May 24, 2018 (filing nos. 35 & 36), 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 13th day of June, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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