St Clair v. May et al
ORDER denying 14 MOTION for Leave to Appeal in forma pauperis filed by Michael St Clair. Plaintiff is directed within 30 days to either: (a) pay, to this Court, the full $455 appellate filing fee; or (b) file, with the Eighth Circuit Court of Appeals, an Application to Proceed In Forma Pauperis. Signed by Magistrate Judge J. Thomas Ray on 11/06/2012. (kcs)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MICHAEL ST. CLAIR,
LARRY MAY, Director,
Arkansas Department of Correction, et al.
Plaintiff, Michael St. Clair, who is a prisoner in the Arkansas Department of
Correction, has filed a Notice of Appeal and an Application to Proceed In Forma
Pauperis on Appeal. See docket entries #14 and #15.
On October 15, 2012, the Court dismissed this case, without prejudice, for
failing to state a claim upon which relief may be granted. See docket entries #11 and
#12. Importantly, the Court certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in
forma pauperis appeal would not be taken in good faith. Id. In light of that
certification, Plaintiff’s Application to Proceed In Forma Pauperis on Appeal must
be denied. See Henderson v. Norris, 129 F.3d 481 (8th Cir. 1997).
IT IS THEREFORE ORDERED THAT:
Plaintiff’s Application to Proceed In Forma Pauperis on Appeal (docket
entry #14) is DENIED.
Within thirty days of the entry of this Order, Plaintiff must either: (a)
pay, to this Court, the full $455 appellate filing fee; or (b) file, with the Eighth Circuit
Court of Appeals, an Application to Proceed In Forma Pauperis on Appeal that
complies with Fed. R. App. Pro. 24(a)(5).
Dated this 6th day of November, 2012.
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?