Hoeft v. Anderson et al

Filing 38

Order that plaintiff's motion for leave to proceed in forma pauperis on appeal is granted re 30 Notice of Appeal. Motion to accept late filing of appeal denied as moot. Signed by District Judge William M. Conley on 8/3/2010. (jef),(ps) Modified on 8/4/2010 docket text. (mmo).

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

RICHARD HOEFT, Plaintiff, v. 09-cv-138-wmc TIM ANDERSON and VICKI ARNDT, Defendants. O n July 6, 2010, the court granted defendants Tim Anderson and Vicki Arndt's m o tio n s for summary judgment in this case and entered judgment in favor of defendants and the case was closed. The court found that defendant Arndt did not violate Hoeft's Fourth Am endm ent rights when she had him jailed on a probation hold and that defendants An derson and Arndt were entitled to qualified immunity on Hoeft's claim that they interroga ted him without advising him of his Miranda rights. Now before the court is plaintiff's notice of appeal. Although plaintiff has filed a m o tio n to accept the late filing of his notice of appeal, and his notice is not late, this motion w i ll be denied as moot. Because Hoeft had not paid the $455 fee for filing an appeal, his no tice will be considered a request to proceed in forma pauperis on appeal. Plaintiff was granted leave to proceed in forma pauperis in this court. Accordingly, he "may proceed on appeal in forma pauperis unless the district court shall certify that the appeal in not taken in ORDER

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good faith or shall find that the party is otherwise not entitled so to proceed." Fed. R. App. P. 24(a). I am unable to certify that the appeal is not taken in good faith and 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. #29, is GRANTED. E n tered this 3r d day of August, 2010. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ W IL L IA M M. CONLEY D istrict Judge

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