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COLLEEN BLACKBEAR, MARGARET BLACKBEAR, MARIEA BLACKBEAR, SAMMY BLACKBEAR SR., et al. Plaintiffs, v. GAIL A. NORTON, Secretary of the United States Department of the interior, et al. Defendants

ORDER GRANTING LEAVE TO PROCEED ON APPEAL IN FORMA PAUPERIS

PAUL G. CASSELL, United States District Judge.

The plaintiffs have moved for an extension of time in which to file a motion for leave to proceed on appeal in forma pauperis. The plaintiffs have now filed the motion and provided the appropriate affidavits. The court grants their motion.

For the benefits of the plaintiffs, the court notes that there is an issue as to whether their appeal is being taken in good faith, a possible issue for this court under Fed.R.App.P. 24. At the hearing that lead to the dismissal of the plaintiffs' complaint, the court specifically asked plaintiffs' counsel whether there was any objection to the dismissal. The court had understood plaintiffs' counsel to specifically and clearly indicate that there was no objection. The plaintiffs' right to pursue an appeal in these circumstances is unclear.

Moreover, the court had understood that plaintiffs intended to file promptly a new complaint raising related issues. Instead, it now appeal-s that plaintiffs are pursuing an appeal of the dismissal of their earlier complaint. It appears to the court that the appeal will only produce further delay in this matter. However, the plaintiffs apparently wish to proceed in this fashion. The court will not interfere with their ability to pursue the appeal, if that is their intention.

The motion for extension of time in which to seek leave to proceed on appeal in forma pauperis (#30-1) and the motion to so proceed (#33-1) are GRANTED.

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BLACKBEAR v. NORTON, (D.Utah 2003)
(Feb 7, 2003)