BRITTON v. LANIGAN et al

Filing 30

MEMORANDUM OPINION & ORDER, Granting 28 Application to Proceed IFP on the Appeal. Signed by Judge Noel L. Hillman on 11/5/2019. (js)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

LONNIE BRITTON,
Petitioner,

Civ. No. 17-3701 (NLH)
MEMORANDUM OPINION & ORDER

v.
GARY LANIGAN, et al.,
Respondents.

APPEARANCE:
Lonnie Britton, No. 195887C/1029078
Northern State Prison
168 Frontage Road
Newark, NJ 501
Petitioner, pro se
HILLMAN, District Judge
WHEREAS, Petitioner Lonnie Britton has filed a Notice of
Appeal to the Third Circuit Court of Appeals together with an
application to proceed in forma pauperis on appeal, see ECF Nos.
27 & 28; and
WHEREAS, “[u]pon filing a notice of appeal, the appellant
must pay the district clerk all required fees.”
Pro. 3(e).

Fed. R. App.

“Any court of the United States may authorize the

commencement, prosecution or defense of any suit, action or
proceeding, civil or criminal, or appeal therein, without
prepayment of fees or security therefor.”
and

28 U.S.C. § 1915(a);

WHEREAS, Federal Rule of Appellate Procedure 24 states in
relevant part that “[a] party who was permitted to proceed in
forma pauperis in the district-court action . . . may proceed on
appeal in forma pauperis without further authorization” unless
the Court finds the appeal is not taken in good faith or the
party is otherwise not entitled to proceed in forma pauperis.
Fed. R. App. P. 24(a)(3)(A)-(B); and
WHEREAS, Petitioner’s request to proceed in form pauperis
in this matter was granted on September 27, 2017.
6.

Petitioner appeals this Court’s dismissal of his petition

for writ of habeas corpus under 28 U.S.C. § 2254.
26.

See ECF No.

See ECF No.

The Court finds that none of the Rule 24(a)(3) exceptions

apply.
THEREFORE,
IT IS on this

5th

day of November, 2019

ORDERED that the application to proceed in forma pauperis
on appeal (ECF No. 28) is granted; and it is finally
ORDERED that the Clerk of the Court shall serve a copy of
this Order on Petitioner by regular first-class mail.

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

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