Bates v. STATE OF WISCONSIN - DEPARTMENT OF WORKFORCE DEVELOPMENT et al

Filing 72

Order Construing Notice of Appeal as Request to Proceed ifp. Leave to proceed ifp granted. Signed by Chief Judge Barbara B. Crabb on 7/24/2009. (eds),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------G O R D A N BATES, ORDER Plaintiff, 0 8 -c v -4 6 5 -s lc v. S TA T E OF WISCONSIN - DEPARTMENT O F WORKFORCE DEVELOPMENT, S T A T E OF WISCONSIN - VOCATIONAL R E H A B I L IT A T I O N , ALLIANCE OF IMPARTIAL H EA R IN G OFFICERS, LESLIE MIRKIN, M IC H A EL GRECO, KAREN LAMBRIGHT, LIN D A VEGOE, MICHAEL SCHNAPP, D EB HENDERSON-GUETHER, DAVID B EC K ER and CLIENT ASSISTANCE PROGRAM. D efendan ts --------------------------------------------In this lawsuit brought under 42 U.S.C. § 1983, plaintiff Gordan Bates contended th at defendants discriminated against him because of his disability in violation of Title II of th e Americans with Disabilities Act, 42 U.S.C. § 12132, and made fraudulent representation s in violation of Wisconsin's Deceptive Trade Practice Act, Wis. Stat. § 10 0.1 8. On June 23, 2009, I granted defendants' motion for summary judgment, entered judgm ent in defendants' favor and closed the case.

1

O n July 22, 2009, plaintiff filed a notice of appeal from the judgment. Because he has not paid the $455 fee for filing a notice of appeal, I construe the notice as including a request for leave to proceed in forma pauperis on appeal. Because plaintiff was granted leave to proceed in forma pauperis in this court, he "may proceed on appeal in forma pauperis u nless the district court shall certify that the appeal in not taken in good faith or shall find th at the party is otherwise not entitled so to proceed." Fed. R. App. P. 24(a). I cannot certify that the appeal is not taken in good faith and I can see no other reason to deny plaintiff's request to proceed in forma pauperis.

OR DER IT IS ORDERED that plaintiff's motion for leave to proceed in forma pauperis on appeal, dkt. #69, is GRANTED. E n tered this 24th day of July, 2009. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

2