Hoeft v. Harrop

Filing 52

Order Construing Notice of Appeal as Request to Proceed ifp. Leave to proceed ifp on appeal granted. Signed by Chief Judge Barbara B. Crabb on 10/9/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------R IC H A R D HOEFT, ORDER Plaintiff, 0 8 - cv -6 7 4 - b b c v. SG T. ROBERT HARROP, D efendan t. --------------------------------------------O n September 15, 2009, I granted defendant's Sgt. Robert Harrop's motion for sum m ary judgment in this case after finding that plaintiff Richard Hoeft had failed to addu ce sufficient evidence from which a reasonable jury could find that defendant violated plaintiff's Eighth Amendment rights. Now before the court is plaintiff's notice of appeal. Because plaintiff has not paid the $455 fee to file his appeal, I construe his notice of appeal as a request to proceed in forma pau peris on appeal. Plaintiff was not granted leave to proceed in forma pauperis in this case because defendant paid the filing fee when he removed it from state court. However, I have found in plaintiff's most recent case (case no. 09-cv-138) that he is indigent. Therefore, he "m ay proceed on appeal in forma pauperis unless the district court shall certify that the

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app eal in not taken in good faith or shall find that the party is otherwise not entitled so to pro ceed." Fed. R. App. P. 24(a). I cannot certify that the appeal is not taken in good faith an d 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. #48, is GRANTED. E n tered this 9t h day of October, 2009. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

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