Williams v. BARROW et al

Filing 47

ORDER DENYING 45 Motion for Leave to Appeal in forma pauperis. Ordered by Judge Marc Thomas Treadwell on 6/5/2013 (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
:
DANNY WILLIAMS,
:
:
Plaintiff
:
:
VS.
:
:
DONALD BARROW, et al.,
:
:
Defendants
:
________________________________:

NO. 5:11-CV-431 (MTT)
ORDER

Plaintiff DANNY WILLIAMS, an inmate at Washington State Prison, has filed a
motion to proceed in forma pauperis (“IFP”) on appeal (Doc. 45) from the Court’s Order
accepting the Magistrate’s recommendation that Plaintiff’s complaint be dismissed. The
reason for dismissal was Plaintiff’s failure to fully exhaust administrative remedies before
filing this lawsuit. See 42 U.S.C. § 1997e(a). In the Court’s best judgment, an appeal
from its Order cannot be taken in good faith. 28 U.S.C. § 1915(a)(3); Fed. R. App. P.
24(a)(3). Plaintiff’s motion to proceed IFP on appeal is accordingly 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 Washington State Prison.
SO ORDERED, this 5th day of June, 2013.

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

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