Chaves v. CWA

Filing 56

ORDER granting 55 Motion for Leave to Appeal in forma pauperis. Signed by Magistrate Judge H Bruce Guyton on 03/25/2014.(c/m to Mr. Chaves) (KAW)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE HUGO ERNESTO CHAVES, Plaintiff/Appellant, v. COMMUNICATIONS WORKS OF AMER., Defendant/Appellee. ) ) ) ) ) ) ) ) ) No. 3:12-CV-589-TAV-HBG ORDER This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court, and Standing Order 13-02. On March 18, 2014, the Court received Mr. Chaves’s Application to Proceed In Forma Pauperis on Appeal [Doc. 55], which moves the Court to allow Mr. Chaves to proceed in forma pauperis on appeal. Pursuant to Rule 24 of the Federal Rules of Appellate Procedure, a party who was permitted to proceed in forma pauperis in the District Court may proceed in forma pauperis on appeal without further authorization, so long as the Court does not find that the appeal is not taken in good faith or that the litigant is otherwise barred from proceeding in forma pauperis. See Fed. R. App. P. 24. Mr. Chaves has represented to the Court that he has been allowed to proceed in forma pauperis before this Court, and the record of this case reflects the same. The Court has reviewed Mr. Chaves’s request and application [Doc. 55], and the Court cannot find that the proposed appeal would be taken in bad faith or that Mr. Chaves is otherwise barred from proceeding in forma pauperis. Based upon the foregoing, the Court finds that Mr. Chaves’s request to proceed in forma pauperis on appeal [Doc. 55] is well-taken, and it is GRANTED. IT IS SO ORDERED. ENTER: s/ H. Bruce Guyton United States Magistrate Judge 2

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