Parato v. City of Omaha et al

1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ANGELA PARATO,
Plaintiff,
vs.
CITY OF OMAHA, a political subdivision of
the State of Nebraska; JEAN STOTHERT,
Mayor of the City of Omaha; TODD
SCHMADERER, Chief of Police of the City of
Omaha; REGINALD JOHNSON, SHAUN
MOPPIN, Employee for the City of Omaha and
in his individual capacity; and MICHELLE
PETERS, Attorney/Employee for/of the City of
Omaha and her individual capacity,
Defendants.
8:23CV391
ORDER REGARDING PLAINTIFF’S
AUTHORIZATION TO PROCEED IN
FORMA PAUPERIS ON APPEAL
Pro se plaintiff Angela Parato filed her original Complaint on August 31, 2023, against the
City of Omaha and five different City of Omaha officials and employees (collectively,
Defendants). Filing 1. After various extensions for all parties and after Parato filed an Amended
Complaint, this Court granted Defendants’ motion to dismiss Parato’s federal claims for “failure
to state federal claims upon which relief can be granted.” Filing 43 at 37. This Court dismissed
Parato’s remaining state-law claims after it declined to exercise supplemental jurisdiction over
them. Filing 43 at 37. Instead of appealing the final judgment, Parato filed a Motion for Leave to
Amend Complaint with a Second Amended Complaint. Filing 44. United States Magistrate Judge
Michael D. Nelson entered an Order denying Parato’s request for leave to amend. Filing 50. Parato
then filed a Statement of Objections to Magistrate Judge’s Order. Filing 51. After the parties fully
briefed the matter, the Court overruled Parato’s objections and affirmed Judge Nelson’s Order
denying Parato’s Motion for Leave to Amend on October 24, 2025. Filing 60 at 12–13. On
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November 21, 2025, Parato filed a Notice of Appeal, Filing 61, but she has not paid the filing fee
for an appeal or filed a motion for permission to appeal in forma pauperis. As a result, her notice
of appeal cannot presently be processed.
The Court notes that Parato previously paid the filing fee for this action. Filing 2. If Parato
wishes to appeal this Court’s decision without prepayment of the appellate filing fee, she should
file a motion for permission to appeal in forma pauperis and the Affidavit Accompanying Motion
for Permission to Appeal in Forma Pauperis. These forms are available on the Court’s website at
www.ned.uscourts.gov/public/proceeding-without-an-attorney. Otherwise, Parato is directed to
pay the filing fee for an appeal. Accordingly,
IT IS ORDERED that Plaintiff is directed to pay the filing fee for an appeal or move for
permission to appeal in forma pauperis and file the accompanying financial affidavit not later than
December 8, 2025. Failure to do so will result in denial of leave to appeal in forma pauperis.
Dated this 25th day of November, 2025.
BY THE COURT:
_________________________
Brian C. Buescher
United States District Judge
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