Knight v. Biggs

Filing 11

MEMORANDUM AND ORDER granting the Plaintiff's #10 Motion for Leave to Appeal in forma pauperis. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MKR)

8:22-cv-00110-RGK-PRSE Doc # 11 Filed: 05/10/22 Page 1 of 2 - Page ID # 68

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PHYLLIS M. KNIGHT,
Plaintiff,

8:22CV110

vs.
MEMORANDUM AND ORDER
EARL EDWARD BIGGS JR.,
Defendant.
This matter is before the court on Plaintiff’s Motion for Leave to Appeal in
Forma Pauperis. (Filing 10.) Plaintiff filed a Notice of Appeal (filing 9) on May 9,
2022. Plaintiff appeals from the court’s Memorandum and Order and Judgment
dated April 5, 2022 (filings 7 & 8), 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 . . .

8:22-cv-00110-RGK-PRSE Doc # 11 Filed: 05/10/22 Page 2 of 2 - Page ID # 69

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 Plaintiff’s Motion for Leave to Appeal
in Forma Pauperis (filing 10) is granted.
Dated this 10th day of May, 2022.
BY THE COURT:

Richard G. Kopf
Senior United States District Judge

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