Rebekah Gentry-Youngblood v. MCG Mortgage, Inc. et al

Filing 54

ORDER finding as moot 52 Motion for Leave to Appeal in forma pauperis. Signed by Magistrate Judge Susan K Lee on 7/1/2016. (BDG, ) Mailed order to Youngblood.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
REBEKAH GENTRY-YOUNGBLOOD,
Plaintiff,
v.
MGC MORTGAGE, INC., et al.,
Defendants.

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Case No: 1:15-cv-123-TRM-SKL

ORDER
Before the Court is a motion filed by Plaintiff Rebekah Gentry-Youngblood (“Plaintiff”)
seeking in forma pauperis status on appeal [Doc. 52]. Plaintiff has filed a notice of appeal to the
United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) and is seeking in forma
pauperis status for said filing [Doc. 53].1
The Sixth Circuit generally requests the district court to make an initial determination
regarding whether a party on direct appeal is indigent. Under Fed. R. App. P. 24(a)(3)(A), a party
who was permitted to proceed in forma pauperis before a district court may also proceed in forma
pauperis on appeal without further authorization unless “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.” While the district court has determined Plaintiff’s claims lack merit as a
matter of law, the order dismissing Plaintiff’s claims does not state that any appeal would not be
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While Plaintiff’s notice [Doc. 53] mentions both the United States Court of Appeals and the
Tennessee Supreme Court, the Court is interpreting the notice to mean that she has appealed to the
Sixth Circuit.
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taken in good faith or that Plaintiff is not otherwise entitled to proceed in forma pauperis on appeal
[Docs. 47, 48].
As Plaintiff was previously permitted to proceed in forma pauperis in the district court
action [Doc. 4], Plaintiff’s motion is MOOT under Fed. R. App. P. 24(a)(3). Accordingly, as a
matter of rule, Plaintiff may proceed in forma pauperis and the motion [Doc. 52] shall be
terminated as moot.
SO ORDERED.
ENTER:
s/fâátÇ ^A _xx
SUSAN K. LEE
UNITED STATES MAGISTRATE JUDGE

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