Redditt v. Fayette County Georgia et al

Filing 19

ORDER DENYING 16 Motion for Leave to Appeal in forma pauperis. Ordered by Judge Marc Thomas Treadwell on 7/22/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
LOUISE REDDITT,
Plaintiff,
v.
FAYETTE COUNTY, GEORGIA, et al.,
Defendants.

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CIVIL ACTION NO. 5:11-CV-170 (MTT)

ORDER
This matter is before the Court on the Plaintiff’s Motion for Permission to Appeal
In Forma Pauperis (Doc. 16) (the “Motion”). For the following reasons, the Motion is
denied.
In her Motion, the Plaintiff seeks to appeal Magistrate Judge Stephen Hyles’s
Order Granting IFP and Ordering Plaintiff to Recast Complaint (Doc. 5) and this Court’s
Order Referring Case to Judge Hyles (Doc. 3). Plaintiff’s appeal is premature. Because
there has been no final order entered in this case, an appeal cannot, in the Court’s best
judgment, be taken in good faith. 28 U.S.C. § 1915(a)(3). Accordingly, having been
carefully considered, plaintiff’s motion to proceed in forma pauperis on appeal is hereby
DENIED.
If plaintiff wishes to proceed with her appeal, she must pay the entire $455
appellate filing fee. Because plaintiff has stated that she cannot pay the $455
immediately, she must pay using the partial payment plan described under 28 U.S.C. §
1915(b). Pursuant to section1915(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
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 until the total filing fee of $455
has been paid. Checks should be made payable to “Clerk, U.S. District Court.”
SO ORDERED, this the 22nd day of July, 2010.

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

jch

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