EKERS v. Bailey et al

Filing 25

ORDER denying 24 Motion for Leave to Appeal in forma pauperis. Ordered by Judge W. Louis Sands on 5/7/2013. Copy emailed to USCA. (bcl)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ALBANY DIVISION

JOHN ANTHONY EKERS,
Plaintiff
VS.
DR. ED BAILEY, et al.,

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NO. 1:12-CV-146 (WLS)

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Defendants
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ORDER

Plaintiff JOHN ANTHONY EKERS, an inmate at Telfair State Prison, has filed a motion
to proceed in forma pauperis (“IFP”) on appeal (Doc. 24). Plaintiff wishes to appeal this Court’s
dismissal of his lawsuit filed under 42 U.S.C. § 1983. In the Court’s best judgment, an appeal
from its Order cannot be taken in good faith. 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a)(3);
see also Skillern v. Georgia Dept. of Corrections Commissioner, 379 F. App’x 859 (11th Cir.
2010) (unpublished). Plaintiff’s motion to proceed IFP on appeal is accordingly DENIED.
If Plaintiff wishes to proceed with his appeal, he must pay the entire $455 appellate filing
fee. Because Plaintiff has stated that he cannot pay the fee immediately, he must pay using the
partial payment plan described under 28 U.S.C. § 1915(b). Pursuant to section1915(b), the prison
account custodian shall cause to be remitted to the Clerk of this Court monthly payments of 20% of
the preceding month’s income credited to Plaintiff’s account (to the extent the account balance
exceeds $10) until the $455 appellate filing fee has been paid in full. Checks should be made
payable to “Clerk, U.S. District Court.”
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The Clerk of Court is DIRECTED to send a copy of this Order to the business manager at
Telfair State Prison.
SO ORDERED, this

7th day of May, 2013.

/s/ W. Louis Sands___________________________
W. LOUIS SANDS
UNITED STATES DISTRICT JUDGE

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