USA v. Garcia et al
Criminal

District of Nebraska, ned-8:2005-cr-00094-34311

ORDER that Defendant's motion for leave to proceed in forma pauperis on appeal {{348}} is granted. The defendant's motion to proceed without payment of fees {{357}} is granted. The Clerk is directed to "terminate" the affidavit {{358}} as a pending motion. The motion to withdraw from representing the defendant on appeal {{346}} is referred to the 8th Circuit Court of Appeals as to Juan Garcia (1). Ordered by Judge Laurie Smith Camp.

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8:05-cr-00094-LSC-FG3 Doc # 360 Filed: 03/27/07 Page 1 of 2 - Page ID # 1359 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA,) CASE NO. 8:05CR94) Plaintiff,)) vs.) ORDER) JUAN GARCIA,)) Defendant.) This matter is before the Court on the motion to withdraw from representing the Defendant on appeal (Filing No. 346) filed by Stefanie A. Martinez, and the following motions filed by the Defendant, Juan Garcia: for leave to appeal in forma pauperis (Filing No. 348); to proceed without payment of fees (Filing No. 357); and a supporting affidavit filed as a "motion" (Filing No. 358). The Defendant has filed a notice of appeal (Filing No. 347). With respect to proceeding in forma pauperis on appeal, the Court concludes that the Defendant has satisfied the requirements of Federal Rule of Appellate Procedure 24(a)(1). The motion to withdraw will be referred to the Eighth Circuit Court of Appeals. IT IS ORDERED: 1. The Defendant's motion for leave to proceed in forma pauperis on appeal (Filing No. 348) is granted; 2. The Defendant's motion to proceed without payment of fees (Filing No. 357) is granted; 3. The Clerk is directed to "terminate" the affidavit (Filing No. 358) as a pending motion; and 8:05-cr-00094-LSC-FG3 Doc # 360 Filed: 03/27/07 Page 2 of 2 - Page ID # 1360 4. The motion to withdraw from representing the Defendant on appeal (Filing No. 346) filed by Stefanie A. Martinez is referred to the Eighth Circuit Court of Appeals. DATED this 27th day of March, 2007. BY THE COURT: S/Laurie Smith Camp United States District Judge