Hoeft v. Sears et al

Filing 31

Order Construing Notice of Appeal as Request to Proceed ifp. Leave to proceed ifp granted. Signed by District Judge Barbara B. Crabb on 3/30/10. (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 9 - cv -1 1 4 - b b c v. JO H N SEARS, D efendan t. --------------------------------------------O n March 5, 2010, I granted defendant John Sears's motion for summary judgment in this case. I found that plaintiff Richard Hoeft failed to adduce sufficient evidence from w hich a reasonable jury could find that defendant was deliberately indifferent to plaintiff's serious dental needs. N ow before the court is plaintiff's notice of appeal and a request to proceed in forma pau peris 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 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.

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OR DER IT IS ORDERED that plaintiff's motion for leave to proceed in forma pauperis on appeal, dkt. #28, is GRANTED. E n tered this 30t h day of March, 2010. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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