LNV Corporation v. Gebhardt (TV3)

Filing 118

ORDER granting 101 Motion for Leave to Appeal in forma pauperis. Signed by Magistrate Judge H Bruce Guyton on 10/08/2014. (copy mailed to defendant, and 6th Circuit notified) (KMK, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE LNV CORPORATION, Plaintiff, v. CATHERINE GEBHARDT, Defendant. ) ) ) ) ) ) ) ) ) No. 3:12-CV-468-TAV-HBG ORDER This case is before the undersigned pursuant to 28 U.S.C. § 636 and the Rules of this Court. On May 14, 2014, the Defendant filed her initial motion to appeal in forma pauperis [Doc. 64]. The Court denied the initial motion to appeal in forma pauperis based upon the lack of information about Defendant’s equity in real property. The Defendant has since filed an amended motion to appeal in forma pauperis [Doc. 101], which is now before the Court. Pursuant to Rule 24 of the Federal Rules of Appellate Procedure: [A] party to a district-court action who desires to appeal in forma pauperis must file a motion in the district court. The party must attach an affidavit that: (A) shows in the detail prescribed by Form 4 of the Appendix of Forms the party’s inability to pay or to give security for fees and costs; (B) claims an entitlement to redress; and (C) states the issues that the party intends to present on appeal. Fed. R. App. P. 24(a)(1). The Court has reviewed the Defendant’s filing [Doc. 101], and the exhibits attached thereto, and the Court finds that the Defendant has now complied with Rule 24.1 Based upon the foregoing, the Court finds that Defendant’s amended motion to proceed in forma pauperis on appeal [Doc. 101] is well-taken, and it is GRANTED. The Defendant will be permitted to proceed on appeal without prepayment of fees. IT IS SO ORDERED. ENTER: United States Magistrate Judge 1 The instant decision is not a decision on whether Plaintiff’s appeal is meritorious or timely, and it should not be interpreted as such. 2

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