Oparka v. Unified Building Systems/Management Co. et al

Filing 47

ORDER granting plaintiff's 44 Motion for Leave to Proceed in forma pauperis on Appeal. Signed by Magistrate Judge Stephen L. Crocker on 12/17/2010. (jef),(ps)

Oparka v. Unified Building Systems/Management Co. et al

Doc. 47

IN THE UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF WISCONSIN

BRYAN F. OPARKA,, P l a i n t i f f, v. 0 9 -c v -4 7 5 -s lc U N IT E D BUILDING SYSTEMS/MANAGEMENT CO., D efend an t. ORD ER

On September 23, 2010, I dismissed with prejudice plaintiff Bryan Oparka's gender discrimination case against the defendant for his failure to prosecute it. On November 22, 2010 I denied plaintiff's motion for reconsideration and granted his request for an extension of time to file an appeal until December 6, 2010. Now before the court is plaintiff's notice of appeal. Because plaintiff has not paid the $455 fee for filing a notice of appeal, I construe the notice as including a request for leave to proceed in forma pauperis on appeal. Because plaintiff was granted leave to proceed in forma pauperis in this court, he "may pro c e e d on appeal in forma pauperis unless the district court shall certify that the appeal in no t 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.

OR DER IT IS ORDERED that plaintiff's motion for leave to proceed in forma pauperis on appeal, dkt. 44, is GRANTED. E n tered this 17t h day of December, 2010. B Y THE COURT: /s/ S T E P H E N L. CROCKER M agistrate Judge

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