Carter v. Muldoon et al

Filing 86

ORDER - The Motion for Leave to Appeal in Forma Pauperis, ECF No. 85 , filed by Plaintiff John Carter, is denied. Ordered by Judge Laurie Smith Camp. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

JOHN M. CARTER, and on behalf of
other Similarly situated;
8:17CV319
Plaintiff,
ORDER

vs.
WILLIAM MULDOON, individual
capacity; DAVE STOLZ, individual
capacity; and DOES 1-25 INCLUSIVE,
Defendants.

This matter is before the Court on the Motion for Leave to Appeal in Forma
Pauperis, ECF No. 85, filed by Plaintiff John Carter. Under Rule 24(a)(1)(A) of the Federal
Rules of Appellate Procedure, a motion for leave to appeal in forma pauperis must include
an affidavit that shows “the party’s inability to pay or to give security for fees and costs[.]”1
Because Carter’s affidavit fails to show that he is financially unable to pay or give security
for fees and costs, see ECF No. 85, the Court will deny his Motion. He may seek leave
to appeal in forma pauperis from the Court of Appeals.

Fed. R. App. P. 24(a)(5).

Accordingly,
IT IS ORDERED: The Motion for Leave to Appeal in Forma Pauperis, ECF No.
85, filed by Plaintiff John Carter, is denied.

Dated this 2nd day of January, 2019.

This Court previously denied Carter’s motion to proceed in forma pauperis in his district-court
action. Order, ECF No. 3; See Fed. R. App. P. 24(3).
1

BY THE COURT:
s/Laurie Smith Camp
Senior United States District Judge

2