Judd v. State of Georgia Secretary of State et al

Filing 16

ORDER denying 14 Motion for Leave to Appeal in forma pauperisOrdered by Judge C. Ashley Royal on 10/28/2011 (lap)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION KEITH RUSSELL JUDD, : : Plaintiff : : VS. : : STATE OF GEORGIA, et al., : : Defendants : ____________________________________: CIVIL ACTION NO. 5:11-CV-233 (CAR) ORDER Plaintiff KEITH RUSSELL JUDD has filed a motion to proceed in forma pauperis on appeal (ECF No. 14) from the Court’s Order denying his motion to proceed in forma pauperis and dismissing his case without prejudice. (ECF No. 6). In the Court’s best judgment, an appeal from that Order cannot be taken in good faith. 28 U.S.C. § 1915(a)(3). As was noted in this Court’s Order (ECF No. 6), Plaintiff has accumulated more than three strikes under 28 U.S.C. § 1915(g). The Prison Litigation Reform Act provides that a prisoner may not bring a civil action or appeal a civil judgment if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury. 28 U.S.C. § 1915(g). Because Plaintiff has had more than three complaints and/or appeals dismissed as frivolous in the past and has made no showing of “imminent danger of serious physical injury,” his 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 “Clerk, U.S. District Court.” SO ORDERED, this 28th day of October, 2011. S/ C. Ashley Royal C. ASHLEY ROYAL UNITED STATES DISTRICT JUDGE lnb

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