Martin v. McDaniel et al.

Filing 66

ORDER DENYING 64 Motion for Leave to Appeal in forma pauperis. Ordered by Judge Marc Thomas Treadwell on 7/10/2013. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
JAMES M. MARTIN,

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Plaintiff,
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v.
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Lieutenant JOHNNY McDANIEL,
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Defendant.
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________________________________)

CIVIL ACTION NO. 5:11-CV-192(MTT)

ORDER
Plaintiff James M. Martin, a prisoner currently confined at Wilcox State Prison in
Abbeville, Georgia, has filed a Motion for Leave to Appeal in forma pauperis (Doc. 64)
from this Court’s Order (Doc. 62). In the Court’s best judgment, an appeal from that
Order cannot be taken in good faith. The Plaintiff’s Motion for Leave to Appeal in forma
pauperis is accordingly DENIED. See 28 U.S.C. § 1915(a)(3) (“An appeal may not be
taken in forma pauperis if the trial court certifies in writing that it is not taken in good
faith.”); Fed. R. App. P. 24(a)(3) (“A party who was permitted to proceed in forma
pauperis in the district-court action … may proceed on appeal in forma pauperis …
unless … the district court … certifies that the appeal is not taken in good faith.”).
If the Plaintiff wishes to proceed with his appeal, he must pay the entire $455.00
appellate filing fee. Because the Plaintiff has indicated 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 the 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 the 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 “Clerk, U.S.
District Court.”
The Clerk of Court shall mail a copy of this Order to the custodian of the prison in
which the Plaintiff is presently incarcerated.
SO ORDERED, this the 10th day of July, 2013.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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