UNITED STATES OF AMERICA v. 1044 Cherry Drive, Elderon, Marathon County, Wisconsin et al

Filing 71

Order Construing Notice of Appeal as Request to Proceed ifp. It is ordered that claimant-defendant Randal Fenskes motion for leave toproceed in forma pauperis on appeal is GRANTED. Leave to proceed ifp granted. Signed by District Judge Barbara B. Crabb on 4/2/2010. (vob)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------U N IT E D STATES OF AMERICA, ORDER Plaintiff, 08-cv-564-bbc v. R E A L PROPERTY LOCATED AT 10 44 CHERRY DRIVE, TOWNSHIP O F ELDERON, MARATHON COUNTY, W IS C O N S IN , WITH ALL APPURTENANCES A N D IMPROVEMENTS THEREON; an d R E A L PROPERTY LOCATED AT 79 4 CHERRY DRIVE, TOWNSHIP O F ELDERON, MARATHON COUNTY, W IS C O N S IN , WITH ALL APPURTENANCES A N D IMPROVEMENTS THEREON, D efendan ts. --------------------------------------------O n March 4, 2010, I denied claimant-defendant Randal Fenske's motions for a d eterm in atio n that the forfeitures ordered in this case violated the excessive fines clause of the Eighth Amendment and his motion for a stay of execution of the forfeiture order N ow before the court is claimant-defendant's notice of appeal and a request to

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pro ceed in forma pauperis on appeal. Because he was granted leave to proceed in forma pauperis in this court, he "may proceed on appeal in forma pauperis unless the district court shall certify that the appeal in not taken in good faith or shall find that the party is otherwise n o t 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 claimant-defendant's request to pro ceed in forma pauperis.

OR DER IT IS ORDERED that claimant-defendant Randal Fenske's motion for leave to pro ceed in forma pauperis on appeal is GRANTED.

Entered this 2d day of April, 2010. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

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