U.S. v. Krohmer

Full title: UNITED STATES OF AMERICA, Plaintiff, v. RICHARD KROHMER, Defendant

Court: United States District Court, D. Nebraska

Date published: Oct 9, 2007

4:06CR3154 (D. Neb. Oct. 9, 2007)

Opinion

4:06CR3154.

October 9, 2007

MEMORANDUM AND ORDER

RICHARD KOPF, District Judge

Defendant, acting pro se, has filed a Notice of Appeal (filing 52) and an Application to Proceed Without Prepayment of Fees and Affidavit (filing 53). The application will be denied because Defendant's affidavit fails to establish that he is unable to pay or give security for fees and costs. See Fed.R.App.P. 24(a)(1)(A). In particular, there is an incomplete response to question 3.c regarding his income from pensions, annuities, or life insurance payments. Defendant has not previously been determined to be financially unable to afford counsel.

Defendant is advised that, pursuant to Fed.R.App.P. 24(a)(5), he may file a motion in the United States Court of Appeals for the Eighth Circuit within 30 days to request leave to proceed in forma pauperis on appeal. He may also apply to the Court of Appeals for appointment of counsel.

Accordingly,

IT IS ORDERED that:

1. Defendant's application for leave to proceed in forma pauperis on appeal (filing 53) is denied.

2. Pursuant to Fed.R.App.P. 24(a)(4)(A), the clerk of the court shall send a copy of this Memorandum and Order to Defendant personally and to the Clerk of the United States Court of Appeals for the Eighth Circuit.