Redditt v. Fayette County Georgia et al

Filing 38

ORDER DENYING 35 Motion for Leave to Appeal in forma pauperis. Ordered by Judge Marc Thomas Treadwell on 11/18/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
TONITA HALL a/k/a LOUISE REDDITT, :
:
Plaintiff
:
:
vs.
:
:
FAYETTE COUNTY, GEORGIA,
:
et al.,
:
:
Defendants
:
________________________________

NO. 5:11-CV-170 (MTT)
ORDER

Plaintiff TONITA HALL a/k/a LOUISE REDDITT, an inmate at Pulaski State
Prison, has filed a motion to proceed in forma pauperis on appeal (Doc. 35) from the
Court’s September 27, 2011 Order (Doc. 28) that dismissed Plaintiff’s pro se civil rights
complaint filed under 42 U.S.C. § 1983. Based on the reasoning of this Court’s prior
order, the Court finds that the appeal is frivolous and not 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 fee
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 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.”
The Clerk of Court is DIRECTED to send a copy of this Order to the business
manager at Pulaski State Prison.
SO ORDERED, this 18th day of November, 2011.

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

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