Summary
The United States District Court for the District of Nebraska denied Gene Allen's request to proceed in forma pauperis on appeal. The court held that his notice of appeal, filed more than four years after judgment and after the denial of his Rule 60(b) motion, was untimely and certified that the appeal was not taken in good faith.
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Practice areas
Questions Presented
- Whether Plaintiff's notice of appeal, filed more than four years after entry of judgment and after disposition of his Rule 60(b) motion, was timely under Federal Rule of Appellate Procedure 4(a).
- Whether Plaintiff could proceed in forma pauperis on an appeal that the district court certified was not taken in good faith.
Holdings
- A civil notice of appeal must be filed within 30 days after entry of judgment, subject to the limited extensions and post-judgment-motion provisions in Federal Rule of Appellate Procedure 4(a). Allen's notice of appeal, filed more than four years after judgment and more than four years after disposition of his Rule 60(b) motion, was grossly untimely.
- A party may not proceed in forma pauperis on appeal when the district court certifies in writing that the appeal is not taken in good faith. Because Allen's appeal was grossly untimely, the court certified that it was not taken in good faith and denied him leave to proceed in forma pauperis.
Key quotations
“An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith.”
Factual background
The district court entered final judgment dismissing Allen's case on October 7, 2021. Allen filed a motion for relief from judgment under Federal Rule of Civil Procedure 60(b) on November 15, 2021, which was denied the next day. He did not file his notice of appeal until January 29, 2026.
Procedural history
The district court entered final judgment dismissing the case on October 7, 2021. Plaintiff filed a Rule 60(b) post-judgment motion on November 15, 2021, which the court denied on November 16, 2021. Plaintiff filed his notice of appeal on January 29, 2026, more than four years after judgment, and the district court certified that the appeal was not taken in good faith and denied in forma pauperis status.