Durham v. Lindus Construction/Midwest Leafguard, Inc.

Filing 46

Order granting plaintiff leave to proceed in forma pauperis re: 44 Notice of Appeal. Signed by Chief Judge Barbara B. Crabb on 1/12/10. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------K EV IN BERNARD DURHAM, ORDER Plaintiff, 0 9 - cv -0 0 4 - b b c v. L IN D U S CONSTRUCTION/MIDWEST L EA FG U AR D , INC., Defendant. --------------------------------------------In this lawsuit brought under 42 U.S.C. § 1983, plaintiff Kevin Durham contended tha t defendant Lindus Construction/Midwest Leafguard, Inc. discriminated against him because of his race. On December 18, 2009, I granted defendant's motion for summary judgm en t, denied plaintiff's motions to amend his complaint and present matters outside the pleadings, entered judgment in defendant's favor and closed the case. Now before the court is plaintiff's notice of appeal, dkt. #40, and his amended notice of appeal, dkt. #44. In his notice of appeal, plaintiff states that he is appealing the court's decision in this matter. However, in his amended notice of appeal he states that he is app ealing only the court's denial of his motion to amend his complaint and his motion to p resen t matters outside the pleadings. Because these denials were included in the decision

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clo sin g this case, I understand plaintiff to be appealing a final order. 28 U.S.C. § 1292. Further, in his amended notice of appeal, plaintiff asks to proceed in forma pauperis on appeal. Because plaintiff was granted leave to proceed in forma pauperis in this court, he "m ay proceed on appeal in forma pauperis unless the district court shall certify that the 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 I T IS ORDERED that plaintiff's motion for leave to proceed in forma pauperis on appeal, dkt. #44, is GRANTED. E n tered this 12t h day of January, 2010. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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