London v. State of Georgia et al

Filing 13

ORDER DENYING 9 Motion for Leave to Appeal in forma pauperis. Ordered by Judge Marc Thomas Treadwell on 5/10/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
MICHAEL LONDON,
Plaintiff
vs.
STATE OF GEORGIA, et al.,
Defendants
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NO. 5:11-CV-82 (MTT)
ORDER

Pro se plaintiff MICHAEL LONDON has filed a motion to proceed in forma
pauperis on appeal (Tab # 7) from the Court’s order dismissing this case pursuant to 28
U.S.C. § 1915(g). The order of dismissal was based upon the finding that plaintiff, while
incarcerated, had three prisoner actions dismissed by federal courts in the State of
Georgia as frivolous, and that the complaint did not allege imminent danger of serious
physical injury.
In the Court’s best judgment, an appeal from the aforesaid order cannot be taken
in good faith. 28 U.S.C. § 1915(a)(3). As noted in the order, the facts alleged in
plaintiff’s complaint do not support a finding of imminent danger. Thus, there is no basis
for allowing plaintiff to proceed in forma pauperis on appeal in this case.
Accordingly, 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 prepay the entire $455 appellate filing fee.

SO ORDERED, this 10th day of May, 2011.

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

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