WRIGHT v. WALLER et al

Filing 30

ORDER denying 29 Motion for Leave to Appeal in forma pauperis. Ordered by Judge Hugh Lawson on 10/18/2012. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
WILLIE FRANK WRIGHT, JR.,

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Plaintiff,
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VS.
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Officer FREELAND, et. al.
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Defendants.
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NO. 5:11-CV-0394-HL-CHW

ORDER ON MOTION TO PROCEED
IN FORMA PAUPERIS ON APPEAL
Plaintiff WILLIE FRANK WRIGHT, JR. has filed a Motion to Proceed in forma pauperis
on Appeal (ECF No. 29) from this Court’s August 7, 2012, Order (ECF No. 23). In the Court's best
judgment, an appeal from that Order cannot be taken in good faith. Plaintiff's Motion to Proceed
in forma pauperis on Appeal is accordingly DENIED. See 28 U.S.C. § 1915(a)(3); 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 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. For this reason, the
Clerk of Court is DIRECTED to mail a copy of this Order to the custodian of the prison in which
Plaintiff is incarcerated. Checks should be made payable to “Clerk, U.S. District Court.”

SO ORDERED, this 18th day of October 2012.
s/ Hugh Lawson
HUGH LAWSON, Judge
UNITED STATES DISTRICT COURT
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