Dollar v. Carter et al

Filing 76

ORDER DENYING 75 Motion for Leave to Appeal in forma pauperis. Ordered by Judge Marc Thomas Treadwell on 10/20/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
WESLEY EUGENE DOLLAR,

:
:
Plaintiff
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VS.
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ALAN CARTER, et al.,
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Defendants
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_________________________________

NO. 5:10-CV-208 (MTT)

ORDER
Plaintiff WESLEY EUGENE DOLLAR, has filed a second motion to proceed in
forma pauperis on appeal (Doc. 75) from the Court=s July 26, 2011 Order that adopted the
United States Magistrate Judge’s Recommendation that Plaintiff’s 42 U.S.C. § 1983
action be dismissed. (Doc. 54). 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.
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. Twenty percent of any deposits into the
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. Checks should be made payable to AClerk, U.S. District 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 20th day of October, 2011.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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