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)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
KEITH RUSSELL JUDD,

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Plaintiff
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VS.
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STATE OF GEORGIA, et al.,
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Defendants
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____________________________________:

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

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