cross motions for summary judgment and the District Court granted defendants’ motion on the sole issue of whether or not the police had probable cause to arrest and charge Moore. Before considering the merits we must dispense with the jurisdictional question of whether Moore’s appeal was timely filed. Moore did not file his formal notice of appeal until June 7, 2007. Defendants argue that his motion is untimely and thus jurisdictionally barred. However, Moore did file an application to proceed in forma pauperis on appeal in the District Court within thirty days of the District Court’s order. Because Moore timely demonstrated an intent to appeal, we have jurisdiction to consider his claim on the merits. See Smith v. Barry, 502 U.S. 244, 247-49, 112 S.Ct. 678, 116 L.Ed.2d 678 (1992) (<HOLDING>); Fleming v. Evans, 481 F.3d 1249, 1253-54
holding issues not raised in appellate brief are waived holding that the defendants failure to timely serve a notice of appeal and docketing statement did not prejudice the plaintiff and therefore would not serve as a basis to dismiss the appeal holding that an issue is abandoned when not raised in an appellate brief holding that the filing of an opening brief within the time period for filing a notice of appeal could constitute notice of appeal holding an appellate brief may serve as a notice of appeal