Trice v. Frakes

Filing 20

MEMORANDUM AND ORDER - that Petitioner's Motion for Leave to Appeal in Forma Pauperis (filing 19 ) is granted. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)

8:19-cv-00562-RGK-PRSE Doc # 20 Filed: 01/07/21 Page 1 of 2 - Page ID # 272

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DE'ARIS R. TRICE,
Petitioner,

8:19CV562

vs.
MEMORANDUM AND ORDER
SCOTT FRAKES, Director of Nebraska
Department of Correctional Services;
Respondent.
This matter is before the court on Petitioner’s Motion for Leave to Appeal in
Forma Pauperis (“IFP”). (Filing 19.) Petitioner filed a Notice of Appeal (filing 17)
on January 6, 2021. Petitioner appeals from the court’s Memorandum and Order
and Judgment dated December 3, 2020 (filings 14 & 15), in which the court
dismissed his habeas petition 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 . . . .

8:19-cv-00562-RGK-PRSE Doc # 20 Filed: 01/07/21 Page 2 of 2 - Page ID # 273

The court finds that because Petitioner proceeded IFP in the district court, he
may now proceed on appeal in forma pauperis without further authorization.
IT IS THEREFORE ORDERED that Petitioner’s Motion for Leave to
Appeal in Forma Pauperis (filing 19) is granted.
Dated this 7th day of January, 2021.
BY THE COURT:

Richard G. Kopf
Senior United States District Judge

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