Mosby v. Doe et al

Filing 235

ORDER Construing 232 Notice of Appeal as Request to Proceed ifp. Leave to proceed ifp granted. Signed by District Judge William M. Conley on 6/8/2011. (jef),(ps)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN WILLIE MOSBY, Plaintiff, ORDER v. 08-cv-677-wmc KURT SILBERSCHMIDT and JAMES WOMACK, Defendants. On December 15, 2010, after a jury returned a verdict for defendants, judgment was entered in favor of defendants dismissing this case. On May 9, 2011, plaintiff Willie Mosby’s timely motion for judgment as a matter of law and for a new trial was denied. Now before the court is plaintiff’s notice of appeal. Because Mosby has not paid the $455, the court construes the notice as a request 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 unless the district court shall certify that the appeal in not taken in good faith or shall find that the party is otherwise not entitled so to proceed.” Fed. R. App. P. 24(a). I certify that the appeal is taken in good faith and see no other reason to deny plaintiff’s request to proceed in forma pauperis. 1 ORDER IT IS ORDERED that plaintiff’s motion for leave to proceed in forma pauperis on appeal, dkt. #232, is GRANTED. Entered this 8th day of June, 2011. BY THE COURT: /s/ __________________________________ WILLIAM M. CONLEY District Judge 2

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