Hoeller v. Village of Barrington Manager

Filing 48

DECISION AND ORDER signed by Judge Lynn Adelman on 3/3/15 denying 41 Motion for Reconsideration; denying as moot 44 Motion for Leave to Appeal in forma pauperis. (cc: all counsel, via USPS to plaintiff) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
_____________________________________________________________________
TIMOTHY L. HOELLER,
Plaintiff,
v.

Case No. 14-cv-0398

VILLAGE OF BARRINGTON MANAGER,
on behalf of the Village Board and Police,
Defendant.
_____________________________________________________________________
DECISION AND ORDER
Plaintiff Timothy Hoeller, pro se, filed the complaint in this action alleging civil rights
violations under 42 U.S.C. § 1983. On April 24, 2014, I granted his motion to proceed in
forma pauperis in this court, and I subsequently dismissed his claims for lack of personal
jurisdiction and improper venue. Plaintiff has filed a motion for reconsideration as well as
a notice of appeal. Having reviewed plaintiff’s motion for reconsideration, I see no basis
for reconsidering my initial decision, and his motion will be denied.
Plaintiff also moves to proceed in forma pauperis on appeal. However, I permitted
plaintiff to proceed in forma pauperis in the district court, and therefore, under Federal Rule
of Appellate Procedure 24(a)(3), subject to certain exceptions that are not applicable here,
he is automatically permitted to proceed in forma pauperis on appeal. Accordingly, his
motion for leave to appeal in forma pauperis will be denied as moot.
THEREFORE, IT IS ORDERED that plaintiff’s motion for reconsideration (ECF No.
41) is DENIED.
IT IS FURTHER ORDERED that plaintiff’s motion for leave to proceed in forma
pauperis on appeal (ECF No. 44) is DENIED as MOOT.

Dated at Milwaukee, Wisconsin, this 3rd day of March, 2015.
s/ Lynn Adelman
_____________________
LYNN ADELMAN
District Judge

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