Filing 26

ORDER DENYING AS MOOT 23 Motion to Dismiss Notice of Appeal. Ordered by Judge Marc Thomas Treadwell on 10/11/2011. (tlh)

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IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF GEORGIA MACON DIVISION CHARLES E. THOMPSON, Plaintiff, v. MAYOR, CITY OF MACON, Defendant. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 5:11-cv-278 (MTT) ORDER This matter is before the Court on the Plaintiff’s Motion to Dismiss his Notice of Appeal. (Doc. 23). For the following reasons, the Motion is DENIED as MOOT. On July 25, 2011, the Court entered an Order denying the Plaintiff’s Motion for Leave to Proceed In Forma Pauperis and dismissed his claim without prejudice. (Docs. 10,11). The Plaintiff’s Motion was denied pursuant to 28 U.S.C. § 1915(g) because he had three prior strikes and was not in imminent dangers of serious injury at the time he requested to proceed in forma pauperis. On August 5, 2011, the Court denied the Plaintiff’s Motion for Reconsideration. (Doc. 13). The Plaintiff’s Notice of Appeal of the Court’s Orders (Docs. 10,13) was filed August 15, 2011 (Doc. 15). On August 26, 2011, the Clerk of Court for the United States Court of Appeals for the Eleventh Circuit sent the Plaintiff a letter ordering him to pay the filing fee within 14 days or have his appeal dismissed without further notice. (Doc. 19). On September 13, 2011, the Clerk of Court entered a dismissal stating that, “[p]ursuant to the 11th Cir. R. 42-1(b), this appeal is DISMISSED for want of prosecution because the appellant Charles E. Thompson has failed to pay the filing and docketing fees to the district court within the time fixed by the rules, effective September 13, 2011.” (Doc. 20). The Plaintiff filed the Motion to Dismiss his Notice of Appeal on September 21, 2011. (Doc. 23). However, because the United States Court of Appeals for the Eleventh Circuit has already dismissed the Plaintiff’s appeal, the Plaintiff’s Motion (Doc. 23) is DENIED as MOOT. SO ORDERED, this 11th day of October, 2011. S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT bnw  2   

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