Al-Jabery v. Conagra Foods, Inc.

Full title: NAIM H. AL-JABERY, Plaintiff, v. CONAGRA FOODS, INC., Defendant

Court: United States District Court, D. Nebraska

Date published: Nov 27, 2007

4:06CV3157 (D. Neb. Nov. 27, 2007)

Opinion

4:06CV3157.

November 27, 2007

MEMORANDUM AND ORDER

RICHARD KOPF, District Judge

This matter is before the court upon a motion by Plaintiff seeking leave to proceed on appeal in forma pauperis and seeking appointment of counsel (filing 54). Plaintiff has submitted an "Application to Proceed without Prepayment of Fees and Affidavit" (filing 53), which supports his allegation of poverty and operates as a second motion for leave to appeal in forma pauperis.

I will grant leave to appeal in forma pauperis. I will deny the motion in filing 54 to the extent it seeks appointment of counsel, as this court lacks jurisdiction to appoint counsel on appeal in a civil case.

IT IS ORDERED:

1. The motion in filing 53 is granted and Plaintiff shall be allowed to proceed without payment of the filing fee;

2. The motion in filing 54 is granted to the extent it seeks leave to appeal in forma pauperis and denied to the extent it seeks appointment of counsel on appeal.