Opinion
4:06CV3002.
April 12, 2007
ORDER
This matter is before the Court on plaintiff's affidavit and application to proceed in forma pauperis (Filing No. 42). Plaintiff states in his notice of appeal and motion for leave to proceed in forma pauperis (Filing No. 41) that he did not receive a copy of the Court's memorandum opinion (Filing No. 34) and order and judgment (Filing No. 35) wherein this action was dismissed on June 20, 2006.
The Court record does not indicate that these filings were returned as undeliverable. The Court has no reason to believe plaintiff did not receive them. Accordingly,
IT IS ORDERED:
1) Plaintiff's application to proceed in forma pauperis is granted;
2) Plaintiff's appeal is dismissed as not timely filed.