CROSBIE v. TOOLE et al

Filing 13

ORDER DENYING 11 Motion for Leave to Appeal in forma pauperis. Ordered by Judge Marc Thomas Treadwell on 11/8/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
ERROL IVANHOE CROSBIE,
Plaintiff
vs.
Warden ROBERT TOOL, et al.,

Defendants
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NO. 5:11-CV-328 (MTT)
ORDER

Plaintiff ERROL IVANHOE CROSBIE, an inmate at Wilcox State Prison, has filed
a motion to proceed in forma pauperis on appeal (Doc. 11) from the Court’s September
13, 2011 Order (Doc. 5) 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 his appeal, he must pay the entire $455
appellate filing fee. Because Plaintiff has stated that he cannot pay the fee immediately,
he 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 Wilcox State Prison.
SO ORDERED, this 8th day of November, 2011.

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

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