Hoeft v. Clark et al

Filing 55

Order granting leave to proceed ifp on appeal. Signed by District Judge William M. Conley on 5/5/2010. (eds),(ps)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN

RICHARD HOEFT, Plaintiff, v. 09-cv-117-wmc JOHN CLARK and ANGELA NELSON, Defendants. O n April 28, 2010, the court granted defendant Angela Nelson's motion for summary judgm ent in this case, finding that no reasonable jury could find she violated plaintiff's Eighth Amendment right to be free from cruel and unusual punishment. Because Judge C rabb had previously granted defendant John Clark's motion for summary judgment, judgm ent was entered in favor of both defendants and the case was closed. N ow before the court is plaintiff's notice of appeal and a request to proceed in forma p auperis on appeal. Because plaintiff was granted leave to proceed in forma pauperis in this co urt, 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 bad faith and see no other reason to deny plaintiff's request to proceed in forma pauperis. ORDER

1

OR DER IT IS ORDERED that plaintiff's motion for leave to proceed in forma pauperis on appeal, dkt. #52, is GRANTED. E n tered this 5 t h day of May, 2010. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ W IL L IA M M. CONLEY D istrict Judge

2