Pike v. Georgia Department of Corrections et al

Filing 43

ORDER DENYING 42 Motion for Leave to Appeal in forma pauperis and DENYING AS MOOT 40 Motion for Certificate of Appealability. Ordered by Judge Marc Thomas Treadwell on 3/21/2011. (tlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION JOHNNY P. PIKE, : : Plaintiff : : VS. : : N. W. CHISM, et al., : : Defendants : ________________________________: CIVIL ACTION NO.: 5:10-CV-15 (MTT) ORDER Plaintiff JOHNNY P. PIKE, has filed a motion to proceed in forma pauperis on appeal (R. at 42) from the Court's February 24, 2011 Order. (R. at 26). In the Court's best judgment, an appeal from that Order cannot be taken in good faith. 28 U.S.C. 1915(a)(3). Having been carefully considered, Plaintiff's motion to proceed in forma pauperis on appeal is hereby DENIED.1 If Plaintiff wishes to proceed with his appeal, he must pay the entire $455.00 appellate filing fee. Because Plaintiff has stated that he cannot pay the $455.00 immediately, he must pay using the partial payment plan described under 28 U.S.C. 1915(b). Pursuant to 1915(b), the prison account custodian where Plaintiff is incarcerated 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 until the $455.00 appellate filing fee has been paid in full. 1 Twenty percent of any deposits into the Plaintiff also filed a Motion for a Certificate of Appealability ("COA"). However, a COA is not a statutory prerequisite to the appeal of a 42 U.S.C. 1983 action. Therefore, Plaintiff's motion for a COA is DENIED as moot. prisoner's account shall be withheld by the prison account custodian who, on a monthly basis, shall forward the amount withheld from the prisoner's account to the Clerk of this Court each time the amount in the account exceeds $10.00 until the total filing fee of $455.00 has been paid. Court." The Clerk of Court is DIRECTED to mail a copy of this Order to the custodian of the prison in which Plaintiff is incarcerated. SO ORDERED AND DIRECTED this 21st day of March, 2011. S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT Checks should be made payable to "Clerk, U.S. District lnb

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