From Casetext: Smarter Legal Research

Gember v. City of Lincoln, Neb.

United States District Court, D. Nebraska
Apr 17, 2008
CASE NO. 4:07CV3266 (D. Neb. Apr. 17, 2008)

Opinion

CASE NO. 4:07CV3266.

April 17, 2008


MEMORANDUM AND ORDER


This matter is before the court on Plaintiff's Motion to Proceed In Forma Pauperis on Appeal. (Filing No. 10.) On April 2, 2008, the court dismissed Plaintiff's claims without prejudice and entered judgment against Plaintiff. (Filing Nos. 7 and 8.) On April 11, 2008, Plaintiff filed a Notice of Appeal of the court's Judgment. (Filing No. 9.) Plaintiff is not a prisoner and has previously been granted leave to proceed IFP in this matter. (Filing No. 5.)

As set forth in Federal Rule of Appellate Procedure 24(a)(3):

(a) Leave to Proceed in Forma Pauperis. . . .
(3) Prior Approval. A party who was permitted to proceed in forma pauperis in the district-court action, or who was determined to be financially unable to obtain an adequate defense in a criminal case, may proceed on appeal in forma pauperis without further authorization, unless the district court — before or after the notice of appeal is filed — certifies that the appeal is not taken in good faith or finds that the party is not otherwise entitled to proceed in forma pauperis. In that event, the district court must state in writing its reasons for the certification or finding.

The court finds that because Plaintiff proceeded IFP in the district court, he may now "proceed on appeal in forma pauperis without further authorization."

IT IS THEREFORE ORDERED that:

1. Plaintiff's Motion to Proceed In Forma Pauperis on Appeal (Filing No. 10) is granted; and
2. The Clerk of the court shall provide the Court of Appeals with a copy of this Memorandum and Order.


Summaries of

Gember v. City of Lincoln, Neb.

United States District Court, D. Nebraska
Apr 17, 2008
CASE NO. 4:07CV3266 (D. Neb. Apr. 17, 2008)
Case details for

Gember v. City of Lincoln, Neb.

Case Details

Full title:GALE KEITH GEMBER, Plaintiff, v. CITY OF LINCOLN, NEB. and LINCOLN AREA…

Court:United States District Court, D. Nebraska

Date published: Apr 17, 2008

Citations

CASE NO. 4:07CV3266 (D. Neb. Apr. 17, 2008)