Wiand v. Harmon

Filing 50

ORDER: The Court VACATES its Findings, Conclusions, and Recommendation [ECF No. 48 ] which recommended that the District Court deny without prejudice Plaintiff's request to proceed in forma pauperis on appeal [ECF No. 47 ], and Plaintiff's request to proceed in forma pauperis on appeal is GRANTED. (Ordered by Magistrate Judge Rebecca Rutherford on 5/30/2018) (hth)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
MELVIN WIAND,
Plaintiff,
v.
T.J. HARMON and NFN FREEMAN,
Defendants.

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§ No. 3:16-CV-2363-M (BT)
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ORDER
Before the Court is Plaintiff Melvin Wiand’s Response to Magistrate
Judge’s Findings, Conclusions, and Recommendation [ECF No. 49], filed on May
21, 2018. In his “response,” Plaintiff sets forth his issues for appeal and attaches a
Form 4 Affidavit Accompanying Motion for Permission to Appeal In Forma
Pauperis, which shows that Plaintiff lacks sufficient resources to pay the filing fee
on appeal due to his medical bills. See Affidavit 5 & 7 [ECF No. 49]. Therefore,
the Court VACATES its Findings, Conclusions, and Recommendation [ECF No.
48] which recommended that the District Court deny without prejudice Plaintiff’s
request to proceed in forma pauperis on appeal [ECF No. 47], and Plaintiff’s
request to proceed in forma pauperis on appeal is GRANTED.
SO ORDERED.
May 30, 2018.
_________________________
REBECCA RUTHERFORD
UNITED STATES MAGISTRATE JUDGE