Opinion
Case No. 2:04-cv-02246 ALA (P).
October 9, 2008
ORDER
Plaintiff Kevin King ("Plaintiff") was granted permission to proceed in forma pauperis during his action in the district court. (Doc. 11). Pending before this Court is Plaintiff's application to proceed in forma pauperis on appeal. (Doc. 130).
The Federal Rules of Appellate Procedure provide as follows:
[A] party who has been permitted to proceed in an action in the district court in forma pauperis . . . may proceed on appeal in forma pauperis without further authorization unless . . . the district court shall certify that the appeal is not taken in good faith or shall find that the party is otherwise not entitled so to proceed. . . .
This Court has not certified that Plaintiff's appeal is not taken in good faith, and has not otherwise found that Plaintiff is not entitled to proceed on appeal in forma pauperis.
Accordingly, IT IS HEREBY ORDERED that Plaintiff's motion to proceed in forma pauperis on appeal be denied as unnecessary.