MARSHALL, MARK D. v. KINGSTON, PHIL

Filing 86

ORDER rescinding portion of 85 Order entered denying plaintiff leave to proceed in forma pauperis on appeal. Signed by Chief Judge Barbara B Crabb on 1/8/09. (vob),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------M A R K D. MARSHALL, ORDER Plaintiff, 0 6 - cv -6 1 7 - b b c v. D R . JANET WALSH, MIKE VANDENBROOK, D A N A DIEDRICH, DR. BRET REYNOLDS, JAN EL NICKEL, ROBERT HUMPHREYS, MARC CLEMENTS, ANTHONY ASHWORTH, an d DAVID LIPINSKI, D efendan ts. --------------------------------------------M A R K D. MARSHALL, Plaintiff, 0 7 - cv -1 7 3 - b b c v. JEFFR EY GARBELMAN, GARY ANKARLO, D O N AL D STRAHOTA, DEBRA FISCHER, EUGENE BRAAKSMA, MICHAEL MEISNER, M IC H A EL THURMER, LT. BREAMER, L T . GREFF, and SGT. BEASLEY, D efendan ts. ---------------------------------------------

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In a decision entered earlier today, January 8, 2009, I ruled that plaintiff Mark M arshal could not proceed in forma pauperis on appeal in this case because he has struck ou t under 28 U.S.C. § 1915(g). Now it has come to my attention that at the time he filed h is notices of appeal, plaintiff was no longer a prisoner subject to the Prison Litigation R e fo rm Act. Instead, as shown on the envelope bearing his notices of appeal, he is residing at 1527 E. Adams St. in Springfield, Illinois, 62703. Persons who are not prisoners subject to the 1996 Prison Litigation Reform Act are allow ed to proceed in forma pauperis on appeal "without further authorization" if they were granted leave to proceed in forma pauperis in the district court (which plaintiff was) unless a statute provides otherwise or the court certifies that the appeal is not taken in good faith or finds that the party is not otherwise entitled to proceed in forma pauperis. Fed. R. App. P. 24(a)(3). No statute bars plaintiff's appeal and I do not intend to certify that plaintiff's app eal is not taken in good faith. Further, I decline to find that plaintiff is not otherwise entitled to proceed on appeal in forma pauperis. Therefore, IT IS ORDERED that the portion of this court's order entered earlier

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to day denying plaintiff leave to proceed in forma pauperis on appeal is HEREBY R ES C IN D ED . Entered this 8t h day of January, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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