govinfo:USCOURTS-ksd-6_12-cr-10174-21

IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF KANSAS 
 
 
  
UNITED STATES OF AMERICA, 
  Plaintiff,  
 
 vs.       No. 12-10174-JTM 
 
PHILIP ANDRA GRIGSBY,  
  Defendant. 
 
 
 
 
MEMORANDUM AND ORDER 
 
 The court by prior Order (Dkt. 340) struck the motion of defendant Philip Andra 
Grigsby seeking to alter the restitution judgment requiring payments to the mother of his 
victim. The court concluded that Grigsby is barred by two federal statutes from acting as 
a representative of his victim. After filing a Notice of Appeal, Grigsby has submitted two 
motions. In the first, he seeks leave to file his appeal in forma pauperis. (Dkt. 344). In the 
second, he asks for a stay of restitution payments until after the appeal. 
 Both motions are purely conclusory. The first simply presents Grigsby’s prison 
financial records; the second simply asks for a stay. Neither pleading suggests any reason 
at all why the court’s conclusion as to standing is incorrect. Under Fed.R.App. 24(a), leave 
to proceed on appeal in forma pauperis will not be granted if the court cannot certify that 
the appeal is taken in good faith.  
Case 6:12-cr-10174-JWB     Document 346     Filed 02/26/21     Page 1 of 2
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 Because the court is unable to discern any reason why the explicit standing 
restrictions of the relevant feder al victims ’ rights statutes would be invalid or 
inapplicable, the court finds that defendant should not be granted leave to appeal in forma 
pauperis, any appeal would be frivolous. Similarly, defendant has show n no reason for a 
stay of the prior Order. 
 IT IS ACCORDINGLY ORDERED this day of February, 2021, that the defendant’s 
motions for leave and to stay (Dkt. 344, 345) are hereby denied. 
 
 
 
      J. Thomas Marten 
      J. Thomas Marten, Judge 
 
 
 
 
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